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Library  of  the 

University  of  North  Car€>lina 


Endowed 


by  the  Dialectic  and  Philan¬ 
thropic  Societies 


STATE  LAWS  GOVERNING 


Public  W  elfare  W  ork 

IN  NORTH  CAROLINA 


CONTENTS 

PAGE 

State  Board  of  Charities  and  Public  Welfare  .  3 

County  Boards  of  Charities  and  Public  Welfare  5 

County  Superintendent  of  Public  Welfare  .  .  6 

Laws  and  Agencies  for  Protection  of  Children  .  10 

Institutions  for  Children  . 48 

Hospitals  for  the  Insane . 59 

State  Prison .  76 

County  Prisons  and  Prisoners  ......  86 

The  Care  of  the  Poor  . 95 

Confederate  Pensions  . 100 

Laws  Relating  to  Morals  and  Venereal  Disease  .  104 

Vagrants  and  Tramps  .  . 116 

Seats  for  Women . 118 

Separate  Toilets  for  Sexes  and  Races  .  .  .  .  118 

Index . 119 


SPECIAL  BULLETIN  No.  1 

ISSUED  BY  THE 

NORTH  CAROLINA  STATE  BOARD  OF  CHARITIES  AND  PUBLIC  WELFARE 

MRS.  KATE  BURR  JOHNSON,  CommissioneT 
RALEIGH,  N.  C. 


4 


STATE  LAWS 


GOVERNING 

Public  Welfare  Work 


IN 


NORTH  CAROLINA 


SPECIAL  BULLETIN,  No.  1 

ISSUED  BY  THE 

N  C  STATE  BOARD  OF  CHARITIES  AND  PUBLIC  WELFARE 
Mrs,  Kate  Burr  Johnson,  Commis&ioyier 
Raleigh,  N.  C. 

1923 


RALEIGH 

Capital  Printing  Company 

STATE  PRINTERS 

1923 


STATE  LAWS 


GOVERNING 

PUBLIC  WELFARE  WORK 

IN 

NORTH  CAROLINA 


STATE  BOARD  OF  CHARITIES  AND  PUBLIC  WELFARE 

C.  S.  5004.  Election  and  teiTn  of  office.  There  shall  be  elected  by  the 
General  Assembly,  upon  the  recommendation  of  the  Governor,  seven  persons 
who  shall  be  styled  “The  State  Board  of  Charities  and  Public  Welfare,”  and 
at  least  one  of  such  persons  shall  be  a  woman.  At  the  session  of  the  General 
Assembly  for  the  year  one  thousand  nine  hundred  and  seventeen  all  the 
members  of  such  board  shall  be  elected,  three  for  a  term  of  two  years,  two 
for  a  term  of  four  years,  and  two  for  a  term  of  six  years;  and  thereafter  the 
term  shall  be  six  years  for  all.  The  election  shall  be  by  concurrent  vote  of 
the  General  Assembly,  and  appointments  to  fill  vacancies  in  the  board  arising 
.  from  any  cause  whatsoever,  except  expiration  of  term,  shall  be  made  for  the 
residue  of  such  term  by  the  Governor.  The  members  of  the  board  shall 
serve  without  pay,  except  that  they  shall  receive  their  necessary  expenses. 

C.  S.  500  5.  Meetings  of  board.  The  board  shall  hold  meetings  at 
least  quarterly,  and  whenever  called  in  session  by  the  chairman,  and  shall 
make  such  rules  and  orders  for  the  regulation  of  its  own  proceedings  as  it 
deems  proper. 

C.  S.  500  6.  Powers  and  duties  of  board.  The  board  shall  have  the 
following  powers  and  duties,  to  wit: 

1.  To  investigate  and  supervise,  through  and  by  its  own  members  or  its' 
agents  or  employees,  the  whole  system  of  the  charitable  and  penal  institu¬ 
tions  of  the  State,  and  to  recommend  such  changes  and  additional  provisions 
as  it  may  deem  needful  for  their  economical  and  efficient  administration. 

2.  To  study  the  subjects  of  nonemployment,  poverty,  vagrancy,  housing 
conditions,  crime,  public  amusement,  care  and  treatment  of  prisoners,  divoice 
and  wife  desertion,  the  social  evil  and  kindred  subjects  and  their  causes, 
treatment,  and  prevention,  and  the  prevention  of  any  hurtful  social  condition. 

3.  To  study  and  promote  the  welfare  of  the  dependent  and  delinquent  child 
and  to  provide,  either  directly  or  through  a  bureau  of  the  board,  foi  the 
jDlacing  and  supervision  of  dependent,  delinquent,  and  defective  children. 

4.  To  inspect  and  make  report  on  private  orphanages,  institutions, 
maternity  homes,  and  persons  or  organizations  receiving  and  placing  chil¬ 
dren,  and  to  require  such  institutions  to  submit  such  reports  and  information 
as  the  State  board  may  determine. 

5.  To  grant  license  for  one  year  to  such  persons  or  agencies  to  carry  on 
such  work  as  it  believes  is  needed  and  is  for  the  public  good,  and  is  con¬ 
ducted  by  reputable  persons  or  organizations,  and  to  revoke  such  license  when 
in  its  opinion  the  public  welfare  or  the  good  of  the  children  therein  is  not 

being  properly  subserved. 


4 


State  Laws  on  Public  Welfare 


6.  To  issue  bulletins  and  have  same  printed  to  such  amount  and  extent 
as  may  be  approved  by  the  State  Printing  Commission,  and  in  other  ways 
to  inform  the  public  as  to  social  conditions  and  proper  treatment  and  reme¬ 
dies  for  social  evils. 

7.  To  issue  subpoenas  and  compel  attendance  of  witnesses,  administer 
oaths,  and  to  send  for  persons  and  papers  whenever  it  deems  it  necessary  in 
making  the  investigations  provided  for  herein  or  in  the  other  discharge  of 
its  duties,  and  to  give  such  publicity  to  its  investigations  and  findings  as  it 
may  deem  best  for  the  public  welfare. 

8.  To  employ  a  trained  investigator  of  social  service  problems  who  shall  be 
known  as  the  Commissioner  of  Public  Welfare,  and  to  employ  such  other 
inspectors,  officers,  and  agents  as  it  may  deem  needful  in  the  discharge  of  its 
duties. 

9.  To  recommend  to  the  Legislature  social  legislation  and  the  creation  of 
necessary  institutions. 

10.  To  encourage  employment  by  counties  of  the  county  superintendent  of 
public  welfare  and  to  cooperate  with  the  county  superintendent  of  public 
welfare  in  every  way  possible. 

11.  To  attend,  either  through  its  members  or  agents,  social  service  conven¬ 
tions  and  similar  conventions,  and  to  assist  in  promoting  all  helpful  publicity 
tending  to  improve  social  conditions  of  the  State,  and  to  pay  out  of  funds 
appropriated  to  the  State  board  expenses,  salaries  of  employees,  and  all 
other  expenses  incurred  in  carrying  out  the  duties  and  powers  hereinbefore 
set  out. 

C.  S.  5007.  Investigate  and  rei^ort  on  mental  and  physical  inflnnities. 
The  board  shall  also  give  special  attention  to  the  causes  of  insanity,  defect  or 
loss  of  the  several  senses,  idiocy,  and  the  deformity  and  infirmity  of  the 
physical  organization.  They  shall,  besides  their  own  observation,  avail  them¬ 
selves  of  correspondence  and  exchange  of  facts  of  the  labors  of  others  in 
these  departments,  and  thus  be  able  to  afford  the  General  Assembly  data  to 
guide  them  in  future  legislation  for  the  amelioration  of  the  condition  of  the 
people,  as  well  as  to  contribute  to  enlighten  public  opinion  and  direct  it  to 
interests  so  vital  to  the  prosperity  of  the  State.  The  State  board  shall  keep 
and  report  statistics  of  the  matters  hereinbefore  referred  to,  and  shall  com¬ 
pile  these  reports  and  analyze  them  with  a  view  of  determining  and  remov¬ 
ing  the  cause  in  order  to  prevent  crime  and  distress. 

C.  S.  50  0  8.  Inspection  of  county  i)risons;  reports  required.  The  State 
board  shall  have  power  to  inspect  county  jails,  county  homes,  and  all  prisons 
and  prison  camps  and  other  institutions  of  a  penal  or  charitable  nature,  and 
to  require  reports  from  sheriffs  of  counties  and  superintendents  of  public 
welfare  and  other  county  officers  in  regard  to  the  conditions  of  jails  or  alms¬ 
houses,  or  in  regard  to  the  number,  sex,  age,  physical  and  mental  condition, 
criminal  record,  occupation,  nationality  and  race  of  inmates,  or  such  other 
information  as  may  be  required  by  the  State  board.  The  plans  and  specifica¬ 
tions  of  all  new  jails  and  almshouses  shall,  before  the  beginning  of  the  con¬ 
struction  thereof,  be  submitted  for  approval  to  the  State  board. 

C.  S.  5  009.  Bieuiuial  reports  to  General  Assembly.  The  State  board 
shall  biennially  prepare  and  submit  to  the  General  Assembly  a  complete  and 
full  report  of  its  doings  during  the  preceding  two  years,  showing  the  actual 
conditions  of  all  the  State  institutions  under  its  supervision,  with  such  sug- 


State  Laws  on  Public  Welfare 


5 


gestions  as  it  may  deem  necessary  and  pertinent,  which  shall  be  printed  by 
the  State  printer,  and  shall  report  such  other  matters  as  it  may  think  for  the 
benefit  of  the  people  of  the  State. 

C.  S.  5010.  Attention  secured  for  insane  and  other  unfortunates. 
Whenever  the  board  shall  have  reason  to  believe  that  any  insane  person,  not 
incurable,  is  deprived  of  proper  medical  treatment,  ^d  is  confined  in  any 
almshouse  or  other  place,  whether  such  insane  person  is  a  public  charge  or 
otherwise,  it  shall  be  the  duty  of  the  board  to  cause  such  insane  person  to  be 
conveyed  to  the  proper  State  hospital  for  the  insane,  there  to  receive  the 
best  medical  attention.  So,  also,  it  shall  be  their  care  that  all  the  unfortu¬ 
nates  shall  receive  benefit  from  the  charities  of  the  State. 

C.  S.  5011.  Public  institutions  to  furnish  information.  The  board  may 
require  the  superintendents  or  other  officers  of  the  several  charitable  and 
penal  institutions  of  the  State  to  report  to  them  any  matter  relating  to  the 
inmates  of  such  institutions,  their  manner  of  instruction  and  treatment,  with 
structure  of  their  buildings,  and  to  furnish  them  any  desired  statistics 
upon  demand. 


C.  S.  5012.  Relatives  ineligible  to  appointment  in  State  institutions. 
No  person  shall  be  appointed  to  any  place  or  position  in  any  of  the  State 
institutions  under  the  supervision  of  the  State  board  who  is  related  by 
blood  or  marriage  to  any  member  of  the  State  board  or  to  any  of  the  princi¬ 
pal  officers,  superintendents,  or  wardens  of  State  institutions. 

C.  S.  5  013.  Failure  of  officers  to  funiish  infonnation.  If  the  board  of 
commissioners  of  any  county  or  the  justices  of  the  peace  of  any  township,  or 
any  officer  or  employee  of  any  charitable  or  penal  institution  of  the  State  shall 
fail,  refuse,  or  neglect  to  furnish  any  information  required  by  law  to  be 
furnished  to  the  State  Board  of  Charities  and  Public  Welfare,  when  they  have 
been  provided  with  the  necessary  blank  forms  for  such  reports,  or  shall  fail 
upon  request  to  afford  proper  facilities  for  the  examination  of  any  charitable 
or  penal  institution  of  the  State,  they  shall  be  guilty  of  a  misdemeanor. 


COUNTY  BOARDS  OF  CHARITIES  AND  PUBLIC  AV  ELF ARE 

C.  S.  5014.  County  boaM  of  charities,  etc.;  appointmeut;  duty.  The 
State  board  shall  appoint  in  each  county  three  persons,  to  be  known  as  the 
county  board  of  charities  and  public  welfare,  whose  duty  shall  be  to  advise 
with  and  assist  the  State  board  in  the  work  in  the  county,  to  make  such 
visitations  and  reports  as  the  State  board  may  request,  and  to  act  in  a  gen¬ 
eral  advisory  capacity  to  the  county  and  municipal  authoiities  in  dealing 
with  questions  of  dependency  and  delinquency,  distribution  of  the  poor  funds, 
and  social  conditions  generally.  The  members  of  the  county  board  of  chari¬ 
ties  and  public  welfare  shall  serve  without  pay.  The  State  board  shall  have 
power  and  right  at  any  time  to  remove  any  member  of  the  county  board. 


C  S  5015.  Term  of  office  and  meetings  of  board.  The  county  boaid 
of  charities  and  public  welfare  shall  be  appointed  one  for  one  year,  one  for 
two  years,  and  one  for  three  years,  and  subsequent  appointments  shall  be  for 
a  term  of  three  years.  The  persons  so  appointed  shall  meet  immediately 
after  their  appointment  and  organize  by  electing  a  chairman,  and  the  county 
superintendent  of  public  welfare  shall  act  as  secretary.  The  county  board 
shin  meet  at  least  once  a  month  with  the  county  superintendent  ot  public 
welfare,  and  advise  with  him  in  regard  to  problems  pertaining  to  his  office. 


6 


State  Laws  on  Public  Welfare 


COUNTY  SI  PEllINTENDENT  OF  PUBLIC  WELFARE 

Chap.  128,  Public  Laws  1921.  Election.  On  the  second  Monday  in 
July,  nineteen  hundred  and  twenty-one,  and  on  the  second  Monday  in  July 
every  two  years  thereafter,  the  county  board  of  education  and  the  board  of 
county  commissioners  of  every  county  in  North  Carolina  shall  meet  in  joint 
session  for  the  purpose  of  electing  a  county  superintendent  of  public  welfare, 
who  shall  serve  for  the  ensuing  two  years  and  until  his  successor  is  elected 
and  qualified.  The  county  superintendent  of  public  instruction  shall  serve  as 
secretary  of  the  joint  meeting,  make  permanent  record  of  the  proceedings, 
and  issue  all  notices  and  reports  necessary,  previous  and  subsequent  to  the 
meeting.  The  person  elected  county  superintendent  of  public  welfare  shall 
be  qualified  by  character,  fitness,  and  experience  to  well  discharge  the  duties 
thereof.  No  one  so  elected  shall  begin  the  work  of  this  position  until  he  shall 
have  received  a  certificate  of  approval  of  his  fitness  from  the  State  Board  of 
Charities  and  Public  Welfare;  and  in  case  such  approval  is  not  received,  the 
two  boards  shall,  upon  receiving  notice  thereof,  proceed  immediately  in  like 
manner  to  elect  another  person.  In  case  of  a  tie  vote,  the  matter  may  be 
referred  for  decision  to  the  State  Commissioner  of  Public  Welfare.  A  joint 
session  of  the  two  boards  may  be  held  at  any  time  on  the  call  of  the  chair¬ 
man  of  either  board  for  the  purpose  of  discussing  the  work  relating  to  the 
office;  and  a  superintendent  may  be  dismissed  by  joint  action  for  proven 
unfitness  or  failure  in  the  performance  of  duty  and  his  successor  elected.  It 
is  hereby  declared  to  be  the  purpose  of  this  section  that  the  board  of  educa¬ 
tion  and  the  board  of  county  commissioners  shall  act  in  a  spirit  of  mutual 
cooperation  for  the  purpose  of  obtaining  the  best  possible  results  in  carrying 
out  the  intention  of  this  act.  The  joint  meeting  shall  fix  the  salary  of  the 
county  superintendent  of  public  welfare,  which  sum  shall  be  sufficient  to 
secure  the  services  of  a  well  qualified  person  and  one-half  of  which  shall  be 
paid  from  the  funds  of  each  board,  and  a  reasonable  expense  fund  shall  be 
provided  by  each  board  for  carrying  on  the  work,  which  sum  shall  be  separate 
from  that  allowed  as  salary  for  the  county  superintendent.  In  counties  hav¬ 
ing  a  population  of  less  than  thirty-two  thousand  (32,000)  by  the  census  of 
nineteen  hundred  and  twenty,  and  in  counties  where,  on  January  first,  nine¬ 
teen  hundred  and  twenty-one,  the  superintendent  of  education  was  perform¬ 
ing  the  functions  of  county  superintendent  of  public  welfare,  the  board  of 
county  commissioners  shall  have  the  option  of  taking  part  or  of  not  taking 
part  in  the  election  of  a  county  superintendent  of  public  welfare,  and 
where  the  county  commissioners  do  not  desire  to  so  participate,  the 
county  superintendent  of  public  instruction  shall  become  ex  officio  county 
superintendent  of  public  welfare.  Whenever  by  such  action  a  county  superin¬ 
tendent  of  public  instruction  becomes  ex  officio  county  superintendent  of  pub¬ 
lic  welfare,  he  shall  receive  no  salary  in  addition  to  that  received  as  county 
superintendent  of  schools,  but  the  board  of  education,  by  and  with  the 
approval  of  the  board  of  commissioners,  shall  furnish  him  such  clerical  or 
other  assistance  as  it  deems  necessary  to  have  the  compulsory  school  attend¬ 
ance  law  fully  enforced  in  accordance  with  the  rules  and  policy  laid  down  by 
the  State  Board  of  Education,  and  the  board  of  county  commissioners  shall 
furnish  a  reasonable  expense  fund  for  carrying  out  the  other  duties  attached 
by  law  to  the  office  of  county  superintendent  of  public  welfare.  All  such 
duties  shall  be  as  binding  upon  the  county  superintendent  of  public  welfare 
as  they  would  be  in  case  he  were  not  county  superintendent  of  schools. 
Every  county  superintendent  of  public  welfare  shall  make  such  reports  of  his 
work  to  the  county  board  of  education  and  the  board  of  commissioners  as  said 
boards  may  require. 


State  Laws  on  Public  Welfare  7 

C.  S.  5017.  Powers  and  duties  of  county  superintendent.  The  county 
superintendent  of  public  welfare  shall  be  chief  school  attendance  officer  of 
the  county,  and  shall  have  other  duties  and  powers  as  follows: 

1.  To  have,  under  control  of  the  county  commissioners,  the  care  and  super¬ 
vision  of  the  poor,  and  to  administer  the  poor  funds. 

2.  To  act  as  agent  of  the  State  board  in  relation  to  any  work  to  be  done  by 
the  State  board  wTthin  the  county. 

3.  Under  the  direction  of  the  State  board,  to  look  after  and  keep  up  with 
the  condition  of  persons  discharged  from  hospitals  for  the  insane  and  from 
other  State  institutions. 

4.  To  have  oversight  of  prisoners  in  the  county  on  parole  from  peniten¬ 
tiaries,  reformatories,  and  all  parole  prisoners  in  the  county. 

5.  To  have  oversight  of  dependent  and  delinquent  children,  and  especially 
those  on  parole  or  probation. 

6.  To  have  oversight  of  all  prisoners  in  the  county  on  probation. 

7.  To  promote  wholesome  recreation  in  the  county  and  to  enforce  such  laws 
as  regulate  commercial  amusement. 

8.  Under  the  direction  of  the  State  board,  to  have  oversight  over  dependent 
children  placed  in  the  county  by  the  State  board. 

9.  To  assist  the  State  board  in  finding  employment  for  the  unemployed. 

10.  To  investigate  into  the  cause  of  distress,  under  the  direction  of  the  State 
board,  and  to  make  such  other  investigations  in  the  interest  of  social  welfare 
as  the  State  board  may  direct. 

C.  S.  5018.  Joint  city  and  county  welfare  work.  In  counties  where 
there  are  cities  which  already  have  a  local  board  of  welfare  or  other  social 
agencies,  or  which  may  wish  to  establish  such,  the  governing  bodies  of  such 
cities  may  make  such  arrangements  with  the  county  commissioners  to  con¬ 
solidate  the  work  under  the  authority  and  supervision  of  the  county  board  of 
charities  and  public  welfare  as  may  be  mutually  agreed  upon  with  such 
division  of  expenses  as  may  be  equitable.  The  governing  bodies  of  such 
cities  and  the  county  commissioners  are  authorized  to  make  such  provision 
for  the  expense  of  carrying  on  the  work  as  they  may  deem  advisable,  and 
may  delegate  to  the  county  board  of  public  welfare  all  necessary  power. 

Rulings  of  the  Attorney-General  on  Election  of  Superintendents  of 

Public  AVelfare 

State  of  North  Carolina 
Department  of  Attorney-General 
Raleigh 

Mrs.  C.  a.  Johnson,  July  7,  1921. 

State  Commissioner  of  Public  Welfare, 

Raleigh,  N.  C. 

Dear  Mrs.  Johnson:— You  ask  this  office  to  interpret  the  following  provi¬ 
sion  of  chapter  128,  Public  Laws  1921,  with  reference  to  the  manner  of  the 
election  of  county  superintendents  of  public  welfare: 

“On  the  second  Monday  in  July,  nineteen  hundred  and  twenty-one, 
and  on  the  second  Monday  in  July  every  two  years  thereafter,  the  county 
board  of  education  alnd  the  board  of  county  commissioners  of  every  county 
in  North  Carolina  shall  meet  in  joint  session  for  the  purpose  of  electing 
a  county  suprintendent  of  public  welfare,  who  shall  serve  for  the  ensuing 


8 


State  Laws  on  Public  elfabe 


two  years,  and  until  his  successor  is  elected  and  qualified.  The  county 
superintendent  of  public  instruction  shall  serve  as  secretary  of  the  joint 
meeting,  make  permanent  record  of  the  proceedings,  and  issue  ^all 
notices  and  reports  necessary  previous  and  subsequent  to  the  meeting. 

There  are  two  legal  deductions  from  the  use  of  the  terms  joint  session 
in  the  connection  in  which  they  are  used:  First,  there  must  be  a  quorum  of 
both  the  board  of  education  and  of  the  board  of  county  commissioners  present 
before  a  joint  session  can  be  held,  and  second,  these  quorums  being  present, 
the  various  members  of  the  two  bodies,  when  in  joint  session,  vote  as  indi¬ 
viduals  composing  the  joint  meeting.  This  being  true,  the  meeting  itself 
selects  its  own  presiding  officer.  That  presiding  officer  has  a  vote  as  a  mem¬ 
ber  of  the  joint  session,  but  none  to  break  a  tie,  the  statute  expressly  providing 
that  in  case  of  a  tie  vote  the  matter  may  be  referred  to  the  State  Commission 
of  Public  Welfare.  The  view  we  have  adopted,  that  the  joint  session  elects  its 
own  presiding  officer,  is  given  force  by  the  express  provision  of  the  statute 
that  a  county  superintendent  of  public  instruction  shall  serve  as  secretary  of 
the  joint  meeting.  If  the  Legislature  had  intended  that  the  chairman  of 
the  board  of  county  commissioners  or  the  chairman  of  the  county  board  of 
education  should  preside  over  the  joint  session,  it  would  have  so  declared. 
As  it  is,  they  are  as  eligible  to  be  elected  chairman  of  the  joint  session  as 
any  other  member  of  either  of  the  bodies  composing  that  joint  session. 

Yours  very  truly, 

(Signed)  James  S.  Manning, 

Attorney-General. 


State  of  Noktii  Carolina 
Department  of  Attorney-General 
Raleigh 

Mrs.  C.  a.  Johnson,  June  16,  1921. 

State  Commissioner  of  Public  Welfare, 

Raleigh,  N.  G. 

Dear  Mrs.  Johnson: — You  ask  the  interpretation  of  this  office  upon  the  fol¬ 
lowing  which  is  part  of  section  1,  chapter  128,  Public  Laws  of  1921: 

“In  any  county  of  less  than  32,000  population,  where  the  county  com¬ 
missioners  do  not  desire  to  so  participate,  the  county  superintendent  of 
public  instruction  becomes  ex  officio  county  superintendent  of  public  wel¬ 
fare.  He  shall  receive  no  salary  in  addition  to  that  received  as  county 
superintendent  of  schools,  but  the  board  of  education,  by  and  with  the 
approval  of  the  board  of  commissioners,  shall  furnish  him  such  clerical 
or  other  assistance  as  it  deems  necessary  to  have  the  compulsory  school 
attendance  law  fully  enforced  in  accordance  with  the  rules  and  policy 
laid  down  by  the  State  Board  of  Education,  and  the  board  of  county 
commissioners  shall  furnish  a  reasonable  expense  fund  for  carrying  out 
the  other  duties  attached  by  law  to  the  office  of  county  superintendent 
of  public  welfare.” 

It  is  clear  that  though  the  county  superintendent  of  public  instruction, 
who  becomes  ex  officio  county  superintendent  of  public  welfare,  is  to  receive 
no  additional  salary,  yet  he  also  is  to  be  put  to  no  additional  expense.  The 
expenses  incurred  in  performing  the  duties  of  county  superintendent  of  pub¬ 
lic  welfare  are  provided  for  in  this  way.  The  county  board  of  education,  with 
the  approval  of  the  board  of  commissioners,  must  furnish  him,  and  pay  the 
cost  of  such  furnishing,  such  clerical  or  other  assistance  as  it  deems  necessary 
to  have  the  compulsory  school  attendance  law  fully  enforced,  while  the  board 


9 


State  Laws  on  Public  Welfare 

of  county  commissioners  must,  from  the  general  funds  of  the  county,  furnish 
a  reasonable  expense  fund  for  carrying  out  the  otheu  duties  attached  by  law 
to  the  office  of  county  superintendent  of  public  welfare.  The  approval  of  the 
board  of  commissioners  to  the  clerical  or  other  assistance  furnished  him  by 
the  board  of  education  must  be  interpreted  in  the  light  of  the  preceding  decla¬ 
ration  of  the  Legislature:  “It  is  hereby  declared  to  be  the  purpose  of  this 
section  that  the  board  of  education  and  the  board  of  county  commissioners 
shall  act  in  a  spirit  of  mutual  cooperation  for  the  purpose  of  obtaining  the  best 
possible  results  in  carrying  out  the  intention  of  this  act.”  The  approval 
required  of  the  county  commissioners,  then,  does  not  extend  to  a  positive 
veto  to  supplying  the  superintendent  with  the  clerical  or  other  assistance. 
The  statute  expressly  requires  that  these  should  be  furnished  to  him.  It 
extends  only  so  far  as  to  give  the  county  commissioners  authority  to  deter¬ 
mine  jointly  with  the  board  of  education  the  amount,  the  cost  and  the  per¬ 
sonnel  of  the  clerical  assistance  furnished.  We  think,  also,  that  the  require¬ 
ment  upon  the  county  commissioners  to  furnish  a  reasonable  expense  fund  is 
mandatory,  with  the  determination  of  its  reasonableness  a  matter  for  them  in 
the  first  instance.  We  think  there  is  nothing  in  the  act  which  gives  the 
board  of  county  commissioners  a  veto  upon  any  of  its  provisions,  except  that 
they  may  or  may  not  take  part  in  an  election  of  a  county  superintendent  of 
public  welfare  in  counties  of  the  description  contained  in  section  1,  a  portion 
of  which  is  quoted  above.  Yours  very  truly, 

(Signed)  James  S.  Manning, 

Att07'ney-General. 


State  of  North  Carolina 
Department  of  the  Attorney-General 
Raleigh 

Mrs.  Clarence  A.  Johnson,  July  5,  1921. 

State  Board  of  Charities  and  Public  Welfare, 

Raleigh,  N.  C. 

Dear  Mrs.  Johnson: — The  General  Assembly  of  1921,  chapter  128  of  the  Pub¬ 
lic  Laws,  requires  the  county  superintendent  of  public  welfare  to  be  elected 
on  the  second  Monday  in  July,  1921,  and  on  the  second  Monday  in  July  every 
two  years  thereafter.  The  old  section,  5016,  of  the  C.  S.  required  this  elec¬ 
tion  not  later  than  July  15.  In  both  statutes  he  was  elected  at  a  joint  meeting 
of  the  board  of  commissioners  and  the  county  board  of  education.  Under  the 
old  statute  his  tenure  of  office  was  at  the  pleasure  of  the  board,  under  the 
new,  he  is  given  a  definte  term  of  office,  two  years.  It  is  important,  then, 
that  the  election  should  be  held  and  the  term  commence  at  the  time  fixed  by 
the  Legislature,  the  second  Monday  in  July.  The  Legislatuie  evidently 
intended  that  the  terms  of  all  incumbents  should  expire  at  that  time,  it 
makes  no  difference  when  they  were  elected.  While  it  may  be  that  an  elec¬ 
tion  held  at  a  later  period  would  not  be  invalidated  thereby,  yet  it  is  impor¬ 
tant  for  more  reasons  than  one  that  the  election  should  be  held  at  the  regular 

Yours  very  truly, 

(Signed)  James  S.  Manning, 

Attorney-General. 


10 


State  Laws  on  Public  Welfare 


JjAWS  and  AGEXCII^]S  for  the  protection  of  CHnjDREN 

Child  Labor  Regulations 

C.  S.  5031.  Child  AVelfare  Commission  created;  duties.  The  State 
Superintendent  of  Public  Instruction,  the  Secretary  of  the  State  Board  of 
Health,  and  the  Commissioner  of  Public  AVelfare  of  the  State  of  North  Caro¬ 
lina  are  hereby  constituted  the  State  Child  Welfare  Commission,  and  they 
shall  serve  without  additional  compensation.  It  shall  be  the  duty  of  this 
commission  to  make  and  formulate  such  rules  and  regulations  for  enforcing 
and  carrying  out  the  provisions  of  this  article,  and  of  the  laws  relating  to 
seats  for  women  employees,  and  the  laws  requiring  separate  toilets  for  sexes 
and  races,  as  in  its  judgment  it  shall  deem  necessary. 

C.  S.  5032.  Employment  of  children  under  fourteen  regulated.  No 
child  under  the  age  of  fourteen  years  shall  be  employed  or  permitted  to  work, 
in  or  about  or  in  connection  with  any  mill,  factory,  cannery,  workshop,  manu¬ 
facturing  establishment,  laundry,  bakery,  mercantile  establishment,  office, 
hotel,  restaurant,  barber  shop,  bootblack  stand,  public  stable,  garage,  place  of 
amusement,  brick  yard,  lumber  yard,  or  any  messenger  or  delivery  service, 
except  in  cases  and  under  regulations  prescribed  by  the  commission  herein¬ 
after  created.  The  employments  in  this  section  enumerated  shall  not  be 
construed  to  include  bona  fide  boys’  and  girls’  canning  clubs  recognized  by 
the  Agricultural  Department  of  this  State;  and  such  canning  clubs  are  hereby 
expressly  exempted  from  the  provisions  of  this  article. 

C.  S.  503  3.  Prohibited  employments  of  children  under  sixteen.  No 
person  under  sixteen  years  of  age  shall  be  employed  or  permitted  to  work  at 
night  in  any  of  the  places  or  occupations  referred  to  in  the  first  preceding 
section,  between  the  hours  of  9  p.  m.  and  6  a.  m.,  and  no  person  under  sixteen 
years  of  age  shall  be  employed  or  permitted  to  work  in  or  about  or  in  con¬ 
nection  with  any  quarry  or  mine. 

C.  S.  5034.  Age  certificates.  If  the  employer  of  any  person  under 
sixteen  years  of  age  shall,  at  the  time  of  such  employment,  in  good  faith, 
procure,  rely  upon,  and  keep  on  file  a  certificate  issued  in  such  form  and 
under  such  conditions  and  by  such  persons  as  the  said  commission  herein 
provided  for  shall  prescribe,  showing  that  the  person  is  of  legal  age  for  such 
employment,  such  certificate  shall  be  prima  facie  evidence  of  the  age  of  the 
person  and  the  good  faith  of  the  employer.  No  person  shall  knowingly  make 
a  false  statement  or  present  false  evidence  in  or  in  relation  to  any  such 
certificate  or  application  therefor,  or  ^  cause  any  false  statement  to  be  made 
which  may  result  in  the  issuance  of  an  improper  certificate  of  employment. 

/ 

C.  S.  5035.  Commission  may  employ  agents.  The  commission  shall 
have  authority  to  appoint  and  employ  such  agents  for  the  purpose  of  enforc¬ 
ing  the  provisions  of  this  article  as  may  be  found  to  be  necessary,  and  they 
may  use  the  county  superintendent  of  public  welfare  or  chief  school  attend¬ 
ance  officer  or  truant  officer  of  the  several  counties  for  the  purpose  of  carry¬ 
ing  out  such  provisions,  and  they  may  use  the  agents  specially  designated  for 
carrying  out  the  provisions  of  this  article  to  aid  in  carrying  out  the  provi¬ 
sions  of  the  general  compulsory  school  attendance  law  under  subchapter 
nine  (IX)  of  the  chapter  on  education. 

C.  S.  5036.  Inspection  by  agents;  obstruction  unlawful.  For  the  pur¬ 
pose  of  securing  the  proper  enforcement  of  the  provisions  of  this  article  and 


11 


State  Laws  on  Public  Welfaee 


of  the  laws  relating  to  seats  for  women  employees,  and  the  laws  requiring 
separate  toilets  for  sexes  and  races,  the  commission,  or  its  duly  authorized 
agents,  shall  have  authority  to  enter  and  inspect,  at  any  time,  mines,  quar¬ 
ries,  mills,  factories,  canneries,  workshops,  manufacturing  establishments, 
laundries,  bakeries,  mercantile  establishments,  offices,  hotels,  restaurants, 
barber  shops,  bootblack  stands,  public  stables,  garages,  places  of  amusement, 
brick  yards,  lumber  yards,  and  other  places  of  employment;  and  it  shall  be 
unlawful  for  any  person,  firm,  or  corporation  to  refuse  permission  to  enter, 
obstruct,  or  prevent  any  duly  authorized  agent  of  the  commission  in  his 
effort  to  make  the  inspection  herein  provided  for. 

C.  S.  503  8.  Violations  of  this  article  and  of  certain  other  laws  a  mis¬ 
demeanor.  Any  person,  firm,  or  corporation  violating  any  of  the  pro¬ 
visions  of  this  article,  or  of  the  laws  relating  to  seats  for  women  employees 
or  of  the  laws  requiring  separate  toilets  for  sexes  and  races,  shall  be  guilty 
of  a  misdemeanor,  and  punished  by  fine  or  imprisonment,  or  both,  within  the 
discretion  of  the  court. 

Rulings  of  the  State  Child  Welfare  Commission  on  the  Child  Labor  Law 

The  State  Child  Welfare  Commission,  in  executive  session  on  August  6, 
1919,  made  the  following  rulings,  which  have  the  force  of  law: 

1.  No  child  of  any  age  under  sixteen  years  shall  be  permitted  to  work  in 
any  of  the  occupations  mentioned  in  section  5,  before  6  o’clock  in  the  morning 
or  after  9  o’clock  at  night.  This  ruling  is  made  mandatory  by  section  6,  and 
the  law  gives  no  discretion  to  the  commission  to  modify  the  same. 

2.  No  girl  under  fourteen  years  of  age  shall  be  permitted  to  work  in  any  of 
the  occupations  mentioned  in  section  5.  The  reason  for  this  is  that  if  the 
womanhood  of  the  State  is  to  be  properly  conserved  in  the  future,  girls  of 
tender  age  certainly  should  not  be  allowed  to  run  the  dangers  of  association 
inherent  in  employment  in  public  places. 

3.  No  child  under  fourteen  years  of  age  shall  be  employed  in  any  of  the 
occupations  mentioned  in  section  5,  for  more  than  eight  hours  in  any  one  day. 

4.  (Revised  September  6,  1921).  Boys  between  twelve  and  fourteen  years 
of  age  may  be  employed  in  the  enumerated  occupations  when  the  public 
school  is  not  in  session  when  it  is  shown  to  the  county  superintendent  of 
public  welfare  or  other  authorized  agent  of  the  commission  that  the  proposed 
employment  is  not  to  the  injury  of  the  health  or  morals  of  the  child.  But  in 
no  case  shall  such  employment  be  legal  until  a  certificate  has  been  issued  by 
the  county  superintendent  of  public  welfare  or  other  authorized  agent  of  the 
commission  on  blanks  furnished  by  the  State  commission.  Before  determin¬ 
ing  the  question  the  county  superintendent  of  public  welfare  or  other  author¬ 
ized  agent  may,  if  he  deem  it  necessary,  require  a  physical  examination  of 
the  child  by  the  public  health  officer  or  other  practicing  physician.  The  em¬ 
ployment  certificate  is  to  be  issued  only  upon  documentary  evidence  or  proof 
of  age  as  required  by  the  commission. 

5.  During  the  time  that  the  public  school  is  in  session  boys  between  twelve 
and  fourteen  vears  of  age  may  be  employed  on  Saturday  and  out  of  school 
hours  on  the  same  conditions  as  above,  provided  that  such  employment  does 
not  interfere  with  their  school  work.  Where  school  officials  have  provided 
for  what  is  known  as  continuation  schools,  and  where  arrangement  has  been 
made  to  make  the  outside  employment  a  unit  of  the  school  work,  boys  of  this 
age  may  be,  in  specific  cases,  allowed  to  be  occupied  in  employment  during 
school  hours  for  a  limited  time,  at  the  discretion  of  the  superintendent  of  the 

school. 


12 


State  Laws  on  Public  Welfare 


The  State  Child  Welfare  Commission,  in  executive  session  on  September  6, 
1921,  made  the  following  rulings,  which  have  the  force  of  law : 

6.  .  .  .  No  child,  claiming  to  be  fourteen  or  sixteen  years  of  age,  but 

whose  actual  age  is  doubtful,  shall  be  permitted  to  work  in  any  of  the  occupa¬ 
tions  mentioned  in  sections  5  and  6  until  an  Age  Certificate  has  been  issued 
by  the  superintendent  of  public  welfare  or  other  authorized  agent  of  the 
commission  in  accordance  with  the  provisions  of  section  10  of  this  act. 
The  design  of  this  section  being  to  insure  the  proper  enforcement  of  the 
compulsory  school  law,  to  prevent  the  employment  of  any  person  con¬ 
trary  to  the  law,  and  to  free  the  employer  from  liability  under  this  act.  An 
Age  Certificate  to  be  issued  only  upon  documentary  evidence  or  proof  of  age 
as  required  by  the  commission. 

7.  .  .  .  On  and  after  March  1,  1922,  the  superintendent  of  public  wel¬ 

fare  and  other  authorized  agents  of  the  commission  shall  require  a  school 
record  of  evidence  for  any  child  under  sixteen  years  of  age  who  makes  appli¬ 
cation  to  engage  in  employment  in  any  of  the  occupations  mentioned  in  sec¬ 
tions  5  and  6  before  issuing  either  an  Employment  Certificate  or  Age  Certifi¬ 
cate.  The  school  record  to  be  prepared  by  school  official  or  teacher  in  accord¬ 
ance  with  the  approved  school  code  for  children  and  the  accredited  record 
system  for  schools  approved  by  the  Department  of  Education. 

8.  .  .  ,  On  and  after  March  1,  1922,  the  superintendent  of  public 

welfare  and  other  authorized  agents  of  the  commission  shall  require  a 

physical  examination  by  a  health  officer  or  practicing  physician,  upon  forms 
approved  by  the  commission,  of  any  child  under  sixteen  years  of  age,  who 
makes  application  for  employment,  except  in  cases  where  the  child  has 
received  physical  examination  by  a  medical  officer  of  the  State  Bureau  of 
Medical  Inspection  of  Schools. 

9.  .  .  .  The  superintendent  of  public  welfare  is  specially  designated 

and  commissioned  as  the  authorized  agent  of  the  State  Child  Welfare  Com¬ 
mission  in  the  several  counties  to  assist  in  enforcing  and  carrying  out  the 
provisions  of  child  labor  law  and  other  acts  relative  to  business  and  industry. 
In  this  position  equal  care  is  required  to  supervise  and  direct  those  employed 
and  to  correct  any  influence  that  would  injure  the  welfare  of  any  person  or 
contribute  to  truancy  or  delinquency  of  any  child. 

10.  .  .  .  The  superintendent  of  public  welfare  and  other  authorized 

agents  of  the  commission  shall  suspend  any  certificate  for  employment  when 
a  condition  is  found  that  will  injure  the  health  or  morals  of  a  child  pending 
the  action  of  the  commission,  or  revoke  any  certificate  issued  on  false 
evidence. 


Employments  Not  Prohibited 

It  is  to  be  noted  that  the  law  does  not  prohibit  the  employment  of  children 
in  occupations  other  than  those  enumerated  in  section  5,  such  as  farming  and 
domestic  employment.  It  is  assumed,  also,  that  it  does  not  affect  children 
who  are  kept  by  their  parents  under  their  direct  personal  control  in  or  about 
places  owned  and  operated  by  the  parents  themselves,  except  in  prohibited 
hours.  The  reason  for  this  is  that  parents  are  supposed  to  control  and  care 
for  their  own  children  wherever  they  may  be  with  them. 

General  Purposes 

The  commission  feels  that  it  should  call  the  attention  of  parents,  public 
officers,  ministers,  educators,  social  workers  and  thinkers,  and  the  public 
generally  to  the  fact  that  the  Legislature  intended  this  act  to  be  a  measure 
for  child  welfare,  and  to  solicit  the  aid  and  cooperation  of  all  in  securing  the 


State  Laws  on  Public  Welfare 


13 


leneficient  purpose  intended.  To  this  end  it  is  necessary  to  make  every 
possible  effort  to  provide  wholesome  conditions  of  environment  for  children 
while  not  in  school  or  employed.  Such  environment  must  depend  upon  better 
ome  influences,  more  parental  thought  and  care,  and  more  public  cooperation 
in  the  way  of  playgrounds  and  other  wholesome  recreation.  It  is  still  true 
that  an  idle  brain  is  the  devil’s  workshop,”  and  juvenile  delinquency  arises 

in  neai  ly  all  cases  from  idleness  or  lack  of  proper  direction  of  youthful 
energy. 

Duties  of  the  Superintendent  of  Public  Welfare  as  Authorized  Agent  of 

THE  State  Child  Welfare  Commission 

To  act  as  the  commissioned  agent  of  the  State  Child  Welfare  Commission, 
and  assist  in  enforcing  the  child  labor  law  and  other  acts  relative  to  business 
and  industry. 

To  supervise  and  direct  the  child  in  employment. 

To  issue  certificate  for  employment  and  to  establish  age. 

To  investigate  and  make  detailed  inspection  of  places  prescribed  in  the  law. 
To  exercise  the  necessary  authority  in  correcting  violations  discovered. 

To  record  and  report  the  duties  performed  as  required  by  rules  of  the  com¬ 
mission. 


Child  Under  Sixteen  Not  to  Drive  Motor  Vehicle 

[Chaptek  202,  Public  Laws  1923.] 

The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  That  any  person  who,  being  the  owner  or  in  charge  of  any 
motor  vehicle,  authorizes  or  knowingly  permits  a  person  under  the  age  of 
sixteen  years  to  operate  such  motor  vehicle  along  any  public  street  or  public 
highway  in  the  State  of  North  Carolina  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  punished  by  a  fine  not  in  excess  of  the  sum  of  fifty  dollars  ($50). 

Sec.  2.  That  the  term  “motor  vehicle”  as  used  in  section  one  hereof  shall 
be  construed  to  mean  those  vehicles  it  is  construed  to  mean  in  section  two 
thousand  five  hundred  and  ninety-eight  of  the  Consolidated  Statutes. 

C.  S.  25  9  8.  Teniis  defined.  The  term  and  words  “motor  vehicles” 
used  in  this  chapter  shall  be  construed  to  mean  all  vehicles  propelled  by  any 
power  other  than  muscular  power,  except  traction  engines,  road  rollers,  fire 
wagons,  engines,  police  patrol  wagons,  ambulances,  and  such  vehicles  as  run 
only  upon  rails  or  tracks. 

C031PUDS011Y  SCHOOL  ATTENDANCE 

General  Compulsory  Attendance  Law 

C.  S.  575  8,  amended  by  Chap.  179,  Public  Laws  19  21.  Parent  or  guard¬ 
ian  required  to  keej)  child  in  school;  exemptions.  Every  parent,  guardian, 
or  other  person  in  the  State  of  North  Carolina  having  charge  or  control  of  a 
child  between  the  ages  of  seven  and  fourteen  years  shall  cause  such  child  to 
attend  school  continuously  for  a  period  equal  to  the  time  which  the  public 
school  in  the  district  in  which  the  child  resides  shall  be  in  session.  The  prin¬ 
cipal,  superintendent,  or  teacher  who  is  in  charge  of  such  school  shall  have 
the  right  to  excuse  the  child  from  temporary  attendance  on  account  of  sick¬ 
ness  or  distance  of  residence  from  the  school,  or  other  unavoidable  cause 
which  does  not  constitute  truancy  as  defined  by  the  State  Board  of  Education. 

C  S.  5759.  State  Boaitl  of  Education  to  make  mles  and  regulations; 
method  of  enforcement.  It  shall  be  the  duty  of  the  State  Board  of  Educa¬ 
tion  to  formulate  such  rules  and  regulations  as  may  be  necessary  for  the 


14 


State  Laws  on  Public  AVelfaee 


proper  enforcement  of  the  provisions  of  this  article.  The  board  shall  pre¬ 
scribe  what  shall  constitute  truancy,  what  causes  may  constitute  legitimate 
excuses  for  temporary  nonattenclance  due  to  physical  or  mental  inability  to 
attend,  and  under  what  circumstances  teachers,  principals,  or  superintendents 
may  excuse  pupils  for  nonattendance  due  to  immediate  demands  of  the  farm 
or  the  home  in  certain  seasons  of  the  year  in  the  several  sections  of  the  State. 
It  shall  be  the  duty  of  all  school  officials  to  carry  out  such  instructions  from 
the  State  Board  of  Education,  and  any  school  official  failing  to  carry  out  such 
instructions  shall  be  guilty  of  a  misdemeanor:  Provided,  that  the  preceding 
section  shall  not  be  in  force  in  any  city  or  county  that  has  a  higher  compul¬ 
sory  attendance  law  now  in  force  than  that  provided  herein ;  but  in  any  such 
case  it  shall  be  the  duty  of  the  State  Board  of  Education  to  investigate  the 
same  and  decide  that  any  such  law  now  in  force  has  a  higher  compulsory 
attendance  feature  than  that  provided  by  this  act:  Provided,  that  wherever 
any  district  is  without  adequate  building  or  buildings  for  the  proper  enforce¬ 
ment  of  this  article,  the  county  boards  of  education  may  be  allowed  not  more 
than  two  years  from  July  the  first,  one  thousand  nine  hundred  and  nineteen, 
to  make  full  and  ample  provisions  in  every  district. 

C.  S.  5760.  Attendance  officers;  reports;  prosecutions.  The  State  Su¬ 
perintendent  of  Public  Instruction  shall  prepare  such  rules  of  procedure  and 
furnish  such  blanks  for  teachers  and  other  school  officials  as  may  be  necessary 
for  reporting  each  case  of  truancy  or  lack  of  attendance  to  the  chief  attendance 
officer  referred  to  in  this  article.  Such  rules  shall  provide,  among  other  things, 
for  a  notification  in  writing  to  the  person  responsible  for  the  nonattendance  of 
any  child,  that  the  case  is  to  be  reported  to  the  chief  attendance  officer  of  the 
county  unless  the  law  is  immediately  complied  with.  County  boards  of  educa¬ 
tion  and  governing  bodies  of  city  schools  shall  have  the  right  to  appoint  town 
or  district  attendance  officers  when  deemed  by  them  necessary,  to  assist  in 
carrying  out  the  provisions  of  this  article,  and  the  rules  and  instructions 
which  may  be  promulgated  by  the  State  Superintendent  of  Public  Instruction. 
But  in  every  case  in  which  it  becomes  necessary  to  prosecute  for  nonattend¬ 
ance  the  case  shall  be  referred  to  the  chief  attendance  officer  of  the  county  for 
further  action:  Provided,  that  in  towns  or  cities  having  special  attendance 
officers  paid  out  of  town  or  city  funds  said  officers  shall  have  full  authority  to 
prosecute  for  violations  of  this  article. 

C.  S.  5761.  Violation  of  law;  penalty.  Any  parent,  guardian,  or  other 
person  violating  the  provisions  of  this  article  shall  be  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  shall  be  liable  to  a  fine  of  not  less  than  five 
dollars  nor  more  than  twenty-five  dollars,  and  upon  failure  or  refusal  to  pay 
such  fine,  the  said  parent,  guardian,  or  other  person  shall  be  imprisoned  not 
exceeding  thirty  days  in  the  county  jail. 

C.  S.  5762.  Investigation  and  prosecution  by  county  superintendent 
and  attendance  officer.  The  county  superintendent  of  public  welfare  or 
chief  school  attendance  officer  or  truant  officer  provided  for  by  law  shall  inves¬ 
tigate  and  prosecute  all  violations  of  the  provisions  of  this  article. 

CoMPULsoKY  Attendance  of  Indigent  Children 

C.  S.  5763.  Investigation  as  to  indigency  of  cliild.  That  if  affidavit  shall 
be  made  by  the  parent  of  a  child  or  by  any  other  person  that  any  child  between 
the  ages  of  seven  and  fourteen  years  is  not  able  to  attend  school  by  reason  of 
necessity  to  work  or  labor  for  the  support  of  itself  or  the  support  of  the 
family,  then  the  attendance  officer  shall  diligently  inquire  into  the  matter  and 


15 


State  Laws  on  Public  Welfare 


bring  it  to  the  attention  of  some  court  allowed  by  law  to  act  as  a  juvenile 
court,  and  said  court  shall  proceed  to  find  whether  as  a  matter  of  fact  such 
parents  standing  in  loco  parentis  are  unable  to  send  the  child  to  school  for  the 
term  of  a  compulsory  attendance  for  the  reasons  given.  If  the  court  shall 
find,  after  careful  investigation,  that  the  parents  have  made  or  are  making 
a  hona  fide  effort  to  comply  with  the  compulsory  attendance  act,  and  by 
reason  of  illness,  lack  of  earning  capacity,  or  any  other  cause  which  the  court 
may  deem  valid  and  sufficient,  are  unable  to  send  said  child  to  school,  then 
the  court  shall  find  and  state  what  help  is  needed  for  the  family  to  enable  the 
attendance  law  to  be  complied  with.  The  court  shall  transmit  its  finding  to 
the  county  board  of  education  of  the  county,  or  in  cities,  to  the  city  school 
board  in  which  the  case  may  arise. 

C.  S.  5764.  Aid  to  indigent  child.  The  county  board  of  education  shall 
in  its  discretion  order  aid  to  be  given  the  family  from  the  Incidental  Expense 
Fund  of  the  county  school  budget  to  an  extent  not  to  exceed  ten  dollars  per 
month  for  such  child  during  continuance  of  the  compulsory  term,  and  shall 
at  the  same  time  require  said  officer  to  see  that  the  money  is  used  for  the 
purpose  for  which  it  is  appropriated,  and  to  report  from  time  to  time  whether 
it  shall  be  continued  or  withdrawn.  And  the  county  board  of  education  is 
hereby  authorized  in  making  out  the  county  budget  to  provide  a  sum  to  meet 
the  provisions  of  this  article. 


Compulsory  Attendance  of  Deaf  Children 

C.  S.  57  6  5.  Deaf  children  to  attend  school;  age  limits;  minimum 
attendance.  Every  deaf  child  of  sound  mind  in  North  Carolina  shall 
attend  a  school  for  the  deaf  at  least  five  school  terms  of  nine  months  each, 
between  the  ages  of  eight  and  fifteen  years.  The  parents,  guardians,  or  custo¬ 
dians  of  such  child  or  children  between  the  ages  of  eight  and  fifteen  years 
shall  send,  or  cause  to  be  sent,  such  child  or  children  to  some  school  for  the 
instruction  of  the  deaf,  at  least  five  terms  or  sessions  of  nine  months  each, 
between  said  ages. 


C.  S.  576  6.  Parents,  etc.,  failing  to  send  to  school  guilty  of  misde¬ 
meanor;  provisos.  The  parents,  guardians,  or  custodians  of  any  deaf 
children  between  the  ages  of  eight  and  fifteen  years  failing  to  send  such  deaf 
child  or  children  to  some  school  for  instruction,  as  provided  in  this  article, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or  im¬ 
prisoned,  at  the  discretion  of  the  court,  for  each  year  said  deaf  child  is  kept 
out  of  school,  between  the  ages  herein  provided:  Provided,  (1)  that  parents, 
guardians,  or  custodians  may  elect  two  years  between  the  ages  of  eight  and 
fifteen  years  that  a  deaf  childtor  children  may  remain  out  of  school;  and  (2) 
that  this  section  shall  not  apply  to  or  be  enforced  against  the  parent,  guard¬ 
ian,  or  custodian  of  any  deaf  child  until  such  time  as  the  superintendent  of 
any  school  for  the  instruction  of  the  deaf,  by  and  with  the  approval  of  the 
executive  committee  of  such  institution,  shall  in  his  or  their  discretion  serve 
written  notice  on  such  parent,  guardian,  or  custodian,  directing  that  sue 
child  be  sent  to  the  institution  whereof  they  have  charge. 


C  S  5767  Duties  of  census  taker  and  county  supeiintendent.  It  shall 
be  the*  duty  of  the  school  census  taker  to  report  name,  age,  and  sex  of  each 
deaf  child  in  his  district,  and  name  of  parents,  guardians,  or  custodians  and 
their  postoffice  address  to  the  county  superintendent  of  education  ^ho  shall 
send  said  report  of  names  and  addresses  to  the  superintendent  ot  the  North 
CarolLa  School  tor  the  Deaf,  located  at  Morganton,  N.  C  Upon  the  failure 
of  the  census  taker  or  county  superintendent  to  make  such  reports  he  s  a 
be  fined  five  dollars  for  each  white  deaf  child  not  so  reported. 


16 


State  Laws  on  Public  Welfake 


Compulsory  Attf:ndance  of  Blind  Children 

C.  S.  5769.  Blind  oliildreii  to  attend  school;  age  limits;  minimum 
attendance.  Every  blind  child  of  sound  mind  and  body  living  in  the  State 
of  North  Carolina  shall  attend  the  State  School  for  the  Blind  and  the  Deaf, 
at  Raleigh,  or  some  similar  school  for  the  education  of  the  blind,  for  a  term 
of  nine  months  each  year,  between  the  ages  of  seven  and  seventeen  years. 
The  term  “blind  child”  is  to  be  construed  as  meaning  any  child  whose  sight 
is  so  defective  as  to  make  it  impracticable  to,  obtain  an  education  in  schools 
for  the  seeing.  The  parents,  guardians,  or  custodians  of  any  blind  child  or 
children  between  the  ages  of  seven  and  seventeen  years  shall  send,  or  cause 
to  be  sent,  such  child  or  children  to  some  school  for  the  instruction  of  the 
blind  at  least  eight  sessions  of  nine  months  each. 

C.  S.  57  70.  Parents,  etc.,  failing  to  send  guilty  of  misdemeanor;  pro¬ 
visos.  The  parents,  guardians,  or  custodians  of  any  blind  child  or  chil¬ 
dren  between  the  ages  of  seven  and  seventeen  years  failing  to  send  such 
child  or  children  to  some  school  for  the  instruction  of  the  blind  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or  imprisoned,  at 
the  discretion  of  the  court,  for  each  year  that  such  child  or  children  shall  be 
kept  out  of  school  between  the  ages  specified:  Provided,  (1)  that  this  section 
shall  not  be  enforced  against  the  parents,  guardians,  or  custodians  of  any 
blind  child  until  such  time  as  the  authorities  of  some  school  for  the  instruc¬ 
tion  of  the  blind  shall  serve  written  notice  on  such  parents,  guardians,  or 
custodians,  directing  that  such  child  be  sent  to  the  school  whereof  they  have 
charge;  and  (2)  that  the  authorities  of  the  State  School  for  the  Blind  and 
the  Deaf  shall  not  be  compelled  to  retain  in  their  custody  or  under  their 
instruction  any  incorrigible  person  or  persons  of  confirmed  immoral  habits. 

C.  S.  5771.  Duties  of  census  taker  and  county  superintendent.  It  shall 
be  the  duty  of  the  school  census  taker  to  report  name,  age,  and  sex  of  each 
blind  child  in  his  district,  and  names  of  parents,  guardians,  or  custodians  and 
their  postoffice  addresses,  to  the  county  superintendent  of  education,  who 
shall  send  said  report  of  names  and  addresses  to  the  superintendent  of  the 
State  School  for  the  Blind  and  the  Deaf,  at  Raleigh,  N.  C.  Upon  the  failure 
of  the  census  taker  or  county  superintendent  to  make  such  reports,  he  shall 
be  fined  five  dollars  for  each  blind  child  not  reported. 

C.  S.  5773.  Sheriffs  to  enforce  law.  The  sheriffs  of  the  various  coun¬ 
ties  of  North  Carolina  shall  be  required  to  enforce  the  provisions  of  this 
article  in  cases  of  blind  children  reported  to  them  by  the  superintendent  of 
the  State  School  for  the  Blind  and  Deaf.  And  they  shall  have  authority  to 
reimburse  themselves  for  such  services  and  expense  as  are  entailed  upon 
them  in  executing  the  provisions  of  this  article. 

• 

C.  S.  57  7  4.  Superintendent  of  School  for  Blind  to  have  free  transporta¬ 
tion  to  enforce  law.  In  order  to  aid  the  superintendent  of  the  State  School 
for  the  Blind  and  Deaf  in  securing  the  attendance  of  blind  children  upon  the 
school,  the  various  railroads  operating  in  the  State  of  North  Carolina  may 
grant  him  transportation  without  charge. 

Note. — See  rules  and  regulations  as  to  compulsory  school  attendance  issued  by  the  State 
Department  of  Education. 

Separate  Schools 

C.  S.  553  8.  Separation  of  races.  The  children  of  the  white  race  and 
the  children  of  the  colored  race  shall  be  taught  in  separate  public  schools,  but 
there  shall  be  no  discrimination  in  favor  of  or  to  the  prejudice  of  either  race. 


State  Laws  on  Public  Welfare 


17 


All  white  children  shall  be  taught  in  the  public  schools  provided  for  the 
white  race,  and  all  colored  children  shall  be  taught  in  the  public  schools 
provided  for  the  colored  race;  but  no  child  with  negro  blood,  or  what  is 
generally  known  as  Croatan  Indian  blood,  in  his  veins,  however  remote  the 
strain,  shall  attend  a  school  for  the  white  race,  and  no  such  child  shall  be 
considered  a  white  child.  The  descendants  of  the  Croatan  Indians,  now  liv¬ 
ing  in  Robeson,  Sampson,  and  Richmond  counties,  shall  have  separate  schools 
for  their  children,  as  hereinafter  provided  in  this  chapter. 


JUVENILE  COURTS 

C.  S.  5039.  Exclusive  original  jurisdiction  over  children.  The  Superior 
Courts  shall  have  exclusive  original  jurisdiction  of  any  case  of  a  child  less 
than  sixteen  years  of  age  residing  in  or  being  at  this  time  within  their  re¬ 
spective  districts — 

(1)  Who  is  delinquent  or  who  violates  any  municipal  or  State  law  or  ordi¬ 
nance  or  who  is  truant,  unruly,  wayward,  or  misdirected,  or  who  is  dis¬ 
obedient  to  parents  or  beyond  their  control,  or  who  is  in  danger  of  becoming 
so;  or 

(2)  Who  is  neglected,  or  who  engages  in  any  occupation,  calling,  or  exhibi¬ 
tion,  or  is  found  in  any  place  where  a  child  is  forbidden  by  law  to  be,  and  for 
permitting  which  an  adult  may  be  punished  by  law,  or  who  is  in  such  condi¬ 
tion  or  surroundings,  or  is  under  such  improper  or  insufficient  guardianship 
or  control  as  to  endanger  the  morals,  health,  or  general  welfare  of  such 
child;  or 

(3)  Who  is  dependent  upon  public  support  or  who  is  destitute,  homeless  or 
abandoned,  or  whose  custody  is  subject  to  controversy. 

When  jurisdiction  has  been  obtained  in  the  case  of  any  child,  unless  a  court 
order  shall  be  issued  to  the  contrary,  or  unless  the  child  be  committed  to  an 
institution  supported  and  controlled  by  the  State,  it  shall  continue  for  the 
purposes  of  this  act  during  the  minority  of  the  child.  The  duty  shall  be  con¬ 
stant  upon  the  court  to  give  each  child  subject  to  its  jurisdiction  such  over¬ 
sight  and  control  in  the  premises  as  will  conduce  to  the  welfare  of  such  child 
and  to  the  best  interest  of  the  State. 

The  Juvenile  Court  Law  takes  the  place  of  the  Apprenticeship  Law,  chap.  4, 
and  the  Juvenile  Delinquent  Law,  1915,  chap.  22'2. 

C.  S.  5040.  Juvenile  coui'ts  created;  part  of  Superior  Courts.  There 
shall  be  established  in  each  county  of  the  State  a  separate  part  of  the  Superior 
Court  of  the  district  for  the  hearing  of  cases  coming  within  the  provisions  of 
this  article.  Such  part  of  the  Superior  Court  shall  be  called  The  Juvenile 
Court  of . County. 

The  clerk  of  the  Superior  Court  of  each  county  in  the  State  shall  act  as 
judge  of  the  juvenile  court  in  the  hearing  of  cases  coming  within  the  provi¬ 
sions  of  this  article,  in  which  cases  the  child  or  children  concerned  therein 
reside  in  or  are  at  the  time  within  such  county.  Proceedings  in  such  cases 
may  be  initiated  before  such  judge,  and  in  hearing  such  cases  such  judge  shall 
comply  with  all  the  requirements  and  conform  to  the  procedure  provided  in 

this  article. 

C  S  5041.  Definitions  of  teims.  The  term  “court,”  when  used  in  this 
article  without  modification,  shall  refer  to  the  juvenile  court  to  be  established 
in  each  county  as  herein  provided.  The  term  “judge,”  when  used  in  this 
article,  shall  refer  to  the  clerk  of  the  Superior  Court,  acting  as  judge  of  the 


9 


18 


State  Laws  on  Public  AVelfare 


juvenile  court.  The  term  “child”  shall  mean  any  minor  less  than  sixteen 
years  of  age.  The  term  “adult”  shall  mean  any  person  sixteen  years  of  age 
or  over. 

C.  S.  5042.  Sessions  of  court;  records;  general  provisions.  Sessions  of 
the  court  shall  be  held  at  such  times  and  in  such  places  within  the  county  as 
the  judge  shall  from  time  to  time  determine.  In  the  hearing  of  any  case  com¬ 
ing  within  the  provisions  of  this  article  the  general  public  may  be  excluded  and 
only  such  persons  admitted  thereto  as  have  direct  interest  in  the  case.  Ses¬ 
sions  of  the  court  shall  not  be  held  in  conjunction  with  any  other  business  of 
the  Superior  Court,  and  children’s  cases  shall  not  be  heard  at  the  same  time 
as  those  against  adults. 

The  court  shall  maintain  a  full  and  complete  record  of  all  cases  brought 
before  it,  to  be  known  as  the  Juvenile  Record.  All  records  may  be  withheld 
from  indiscriminate  public  inspection  in  the  discretion  of  the  judge  of  the 
court,  but  such  record  shall  be  open  to  inspection  by  the*  parents,  guardians, 
or  other  authorized  representatives  of  the  child  concerned.  No  adjudication 
under  the  provisions  of  this  article  shall  operate  as  a  disqualification  of  any 
child  for  any  public  office,  and  no  child  shall  be  denominated  a  criminal  by 
reason  of  such  adjudication,  nor  shall  such  adjudication  be  denominated  a 
conviction. 

This  article  shall  be  construed  liberally  and  as  remedial  in  character.  The 
powers  hereby  conferred  are  intended  to  be  general  and  for  the  purpose  of 
affecting  the  beneficial  purposes  herein  set  forth.  It  is  the  intention  of  this 
article  that  in  all  proceedings  under  its  provisions  the  court  shall  proceed 
upon  the  theory  that  a  child  under  its  jurisdiction  is  the  ward  of  the  State 
and  is  subject  to  the  discipline  and  entitled  to  the  protection  which  the  court 
should  give  such  child  under  the  circumstances  disclosed  in  the  case. 

C.  S.  5043.  Petition  to  bring  child  before  court.  Any  person  having 
knowledge  or  information  that  a  child  is  within  the  provisions  of  this  article 
and  subject  to  the  jurisdiction  of  the  court,  may  file  with  the  court  a  petition 
verified  by  affidavit,  stating  the  alleged  facts  which  bring  such  child  within 
such  provisions.  The  petition  shall  set  forth  the  name  and  residence  of  the 
child  and  of  the  parents,  or  the  name  and  residence  of  the  person  having  the 
guardianship,  custody,  or  supervision  of  such  child,  if  the  same  be  known  or 
ascertained  by  the  petitioner,  or  the  petition  shall  state  that  they  are 
unknown,  if  that  be  the  fact. 

C.  S.  5044.  Issuance  of  summons;  traveling  expenses  allowed.  Upon 
the  filing  of  the  petition  or  upon  the  taking  of  a  child  into  custody,  the  court 
may  forthwith,  or  after  an  investigation  by  a  probation  officer  or  other  person, 
cause  to  be  issued  a  summons  signed  by  the  judge  or  the  clerk  of  the  court 
directed  to  the  child,  unless  such  child  has  been  taken  into  custody,  and  to 
the  parents  or,  in  case  there  is  no  parent,  to  the  person  having  the  guardian¬ 
ship,  custody,  or  supervision  of  the  child,  or  the  person  with  whom  the  child 
may  be,  requiring  them  to  appear  with  the  child  at  the  place  and  time  stated 
in  the  summons  to  show  cause  why  the  child  should  not  be  dealt  with  accord¬ 
ing  to  the  provisions  of  this  article. 

The  judge  may,  in  his  discretion,  authorize  the  payment  of  necessary  travel¬ 
ing  expenses  incurred  by  any  witness  or  persons  summoned  or  otherwise 
required  to  appear  at  the  hearing  of  any  case  coming  within  the  provisions 
of  this  article.  Such  expenses,  when  approved  by  the  judge  of  the  Superior 
Court,  shall  be  a  charge  upon  the  county  in  which  the  petition  is  filed. 


State  Laws  on  Public  Welfake 


19 


C.  S.  5045.  Custody  of  cliild  may  be  immediate.  If  it  appears  from 
the  petition  that  the  child  is  embraced  within  subdivision  one  of  the  first 
section  of  this  article,  or  is  in  such  condition  or  surroundings  that  the  welfare 
of  the  child  requires  that  its  custody  be  immediately  assumed,  the  court  may 
endorse  or  cause  to  be  endorsed  upon  the  summons  a  direction  that  the  officer 
serving  the  same  shall  at  once  take  such  child  into  custody. 

In  the  case  of  any  child  who  has  been  taken  into  custody  or  pending  the 
final  disposition  of  any  case,  the  child  may  be  released  in  the  custody  of  a 
parent  or  other  person  having  charge  of  the  child  or  in  the  custody  of  a  proba¬ 
tion  officer  or  other  person  appointed  by  the  court,  to  be  brought  before  the 
court  at  the  time  designated.  Any  child  embraced  in  this  article  may  be 
admitted  to  bail  as  provided  by  law.  When  not  released  as  herein  provided 
such  child,  pending  the  hearing  of  the  case,  shall  be  detained  in  such  place 
of  detention  as  hereinafter  provided  for. 


C.  S.  5046.  Service  of  suimnons.  Service  of  summons  shall  be  made 
personally  by  reading  to  and  leaving  with  the  persons  summoned  a  true  copy 
thereof:  Provided,  that  if  the  court  is  satisfied  that  reasonable  but  unsuccess¬ 
ful  effort  has  been  made  to  serve  the  summons  personally  upon  any  of  the 
parties  named  therein,  or  if  it  shall  appear  to  the  satisfaction  of  the  court 
that  it  is  impracticable  to  serve  a  summons  personally  upon  any  of  them,  the 
court  may  make  an  order  providing  for  service  of  the  summons  by  registered 
mail  or  by  publication  or  otherwise  in  such  manner  as  the  judge  shall  deter¬ 
mine.  It  shall  be  sufficient  to  confer  jurisdiction  if  service  is  effected  at  any 
time  before  the  time  fixed  in  the  summons  for  the  return  thereof,  but  the 
court,  if  requested  by  the  child  or  a  parent,  or  in  case  there  is  no  parent,  by 
the  person  having  the  guardianship,  custody  or  supervision  of  the  child,  shall 
not  proceed  with  the  hearing  earlier  than  three  days  after  the  service.  Fail¬ 
ure  to  serve  a  summons  upon  any  person  other  than  said  child  shall  not 
impair  the  jurisdiction  of  the  court  to  proceed  in  cases  arising  under  subdi¬ 
vision  one  of  the  first  section  of  this  article,  provided  that  for  good  cause 
shown  the  court  shall  have  made  an  order  dispensing  with  such  service. 

,  If  the  person  summoned,  as  herein  provided,  shall  fail  without  reasonable 
cause  to  appear  and  abide  the  order  of  the  court  or  bring  the  child,  he  may 
be  proceeded  against  as  for  contempt  of  court.  In  case  the  summons  cannot 
be  served  or  the  party  served  fails  to  obey  the  same,  and  in  any  case  when  it 
shall  be  made  to  appear  to  the  court  that  such  summons  will  be  ineffectual, 
or  that  the  welfare  of  the  child  requires  that  he  shall  be  brought  forthwith 
into  the  custody  of  the  court,  a  warrant  may  be  issued  on  the  order  of  the 
court  either  against  the  parent  or  guardian  or  other  person  having  custody  of 
the  child  or  with  whom  the  child  may  be,  or  against  the  child  himself. 

The  sheriff  or  other  lawful  officer  of  the  county  in  which  the  action  is  taken 
shall  serve  all  papers  as  directed  by  the  court,  but  the  papers  may  be  served 
by  any  person  delegated  by  the  court  for  that  purpose. 


C  S  5047.  Hearing;  disiiosition  of  child.  Upon  the  return  of  the  sum- 
mens  or  other  process  or  after  any  child  has  been  taken  into  custody,  at  the 
time  set  for  the  hearing,  the  court  shall  proceed  to  hear  and  determine  the 
case  in  a  summary  manner.  The  court  may  adjourn  the  hearing  from  time  to 
time  and  inquire  into  the  habits,  surroundings,  conditions,  and  tendencies  o 
the  child  so  as  to  enable  the  court  to  render  such  order  or  judgment  as  slia 
best  conserve  the  welfare  of  the  child  and  carry  Out  the  objects  ot  this  act 
In  all  cases  the  nature  of  the  proceedings  shall  be  explained  to  the  child  and 
to  the  parents  or  the  guardian  or  person  having  the  custody  or  the  supervi- 


20 


State  Laws  ox  Public  AVelfake 


sion  of  the  child.  At  any  stage  of  the  case  the  court  may,  in  its  discretion, 
appoint  any  suitable  person  to  be  the  guardian  ad  litem  of  the  child  for  the 
purposes  of  the  proceeding. 

The  court,  if  satisfied  that  the  child  is  in  need  of  the  care,  protection,  or 
discipline  of  the  State,  may  so  adjudicate  and  may  find  the  child  to  be  delin¬ 
quent,  neglected,  or  in  need  of  more  suitable  guardianship.  Thereupon  the 
court  may 

1.  Place  the  child  on  probation  subject  to  the  conditions  provided  herein¬ 
after;  or 

2.  Commit  the  child  to  the  custody  of  a  relative  or  other  fit  person  of  good 
moral  character,  subject,  in  the  discretion  of  the  court,  to  the  supervision  of 
a  probation  officer  and  the  further  orders  of  the  court;  or 

3.  Commit  the  child  to  the  custody  of  the  State  Board  of  Charities  and 
Public  Welfare,  to  be  placed  by  such  board  in  a  suitable  family  home  and 
supervise  therein;  or 

4.  Commit  the  child  to  a  suitable  institution  maintained  by  the  State  or 
any  subdivision  thereof,  or  to  any  suitable  private  institution,  society  or 
association  incorporated  under  the  laws  of  the  State  and  approved  by  the 
State  Board  of  Charities  and  Public  Welfare,  authorized  to  care  for  children 
or  to  place  them  in  suitable  family  homes;  or 

5.  Render  such  further  judgment  or  make  such  further  order  of  commit¬ 
ment  as  the  court  may  be  authorized  by  law  to  make  in  any  given  case. 

6.  If  a  child  of  fourteen  years  of  age  be  charged  with  a  felony  for  which 
the  punishment  as  now  fixed  by  law  cannot  be  more  than  ten  years  in  prison, 
his  case  shall  be  investigated  by  the  probation  officer  and  the  judge  of  the 
juvenile  court  as  provided  for  in  this  article,  unless  it  appears  to  the  judge 
of  the  juvenile  court  that  the  case  should  be  brought  to  the  attention  of  the 
judge  of  the  Superior  Court,  in  which  case  the  child  shall  be  held  in  custody 
or  bound  to  the  next  term  of  the  Superior  Court  as  now  provided  by  law. 

C.  S.  5048.  Child  to  be  kept  apart,  from  adult  criminals;  detention 
homes.  No  child  coming  within  the  provisions  of  this  act  shall  be  placed 
in  any  penal  institution,  jail,  lockup,  or  other  place  where  such  child  can 
come  into  contact  at  any  time  or  in  any  manner  with  any  adult  convicted  of 
crime  and  committed  or  under  arrest  and  charged  with  crime.  Provisions 
shall  be  made  for  the  temporary  detention  of  such  children  in  a  detention 
home  to  be  conducted  as  an  agency  of  the  court  for  the  purposes  of  this 
article,  or  the  judge  may  arrange  for  the  boarding  of  such  children  tempo¬ 
rarily  in  a  private  home  or  homes  in  the  custody  of  some  fit  person  or 
persons  subject  to  the  supervision  of  the  court,  or  the  judge  may  arrange 
with  any  incorporated  institution,  society  or  association  maintaining  a  suita¬ 
ble  place  of  detention  for  children  for  the  use  thereof  as  a  temporary  deten¬ 
tion  home. 

In  case  a  detention  home  is  established  as  an  agency  of  the  court  it  shall 
be  furnished  and  carried  on  so  far  as  possible  as  a  family  home  in  charge  of 
a  superintendent  or  matron  who  shall  reside  therein.  The  judge  of  the 
juvenile  court  may,  with  the  approval  of  the  State  Board  of  Charities  and 
Public  Welfare,  appoint  a  matron  or  superintendent,  or  both,  and  other  neces¬ 
sary  employees  for  such  home  in  the  same  manner*  as  probation  officers  are 
appointed  under  this  article,  their  salaries  to  be  fixed  and  paid  in  the  same 
manner  as  the  salaries  of  probation  officers.  The  necessary  expenses  incurred 
in  maintaining  such  detention  home  shall  be  a  public  charge. 

In  case  the  judge  shall  arrange  for  the  boarding  of  children  temporarily 
detained  in  private  homes,  a  reasonable  sum  for  the  board  of  such  children 


State  Laws  on  Peblic  AVelfare 


21 


while  temporarily  detained  in  such  homes  shall  be  paid  by  the  county  in 
which  such  child  shall  reside  or  may  be  found. 

In  case  the  judge  shall  arrange  with  any  incorporated  institution,  society 
or  association  for  the  use  of  a  detention  home  maintained  by  such  institution, 
society  or  association,  he  shall  enter  an  order  which  shall  be  effectual  for 
that  purpose  and  a  reasonable  sum  shall  be  appropriated  by  the  county  com¬ 
missioners  for  the  compensation  of  such  institution,  society  or  association  for 
the  care  of  children  residing  or  found  within  the  county  who  may  be  detained 
therein. 


C.  S.  5049.  Probation  officers;  appointment  and  discharge;  compensa¬ 
tion.  The  judge  of  the  juvenile  court  in  each  county  shall  appoint  one  or 
more  suitable  persons  as  probation  officers  who  shall  serve  under  his  direc¬ 
tion.  The  appointment  of  such  probation  officers  shall  be  approved  by  the 
State  Board  of  Charities  and  Public  Welfare. 

The  c  iunty  superintendent  of  public  welfare  shall  be  the  chief  probation 
officer  of  every  juvenile  court  in  his  county,  and  shall  have  supervision  Over 
the  work  of  any  additional  probation  officer  which  may  be  appointed. 

The  judge  appointing  any  probation  officer  may  discharge  such  officer  for 
cause  after  serving  such  officer  with  a  written  notice,  but  no  probation  officer 
shall  be  discharged  without  the  approval  of  the  State  Board  of  Charities  and 
Public  Welfare. 

The  judge  appointing  any  probation  officer  may,  in  his  discretion,  deter- 
mine  that  a  suitable  salary  be  paid,  and  may,  with  the  approval  of  the  judge 
of  the  Superior  Court,  fix  the  amount  thereof.  Such  salary  so  determined 
and  so  approved  shall  be  paid  by  the  board  of  county  commissioners,  but  no 
person  shall  be  paid  a  salary  as  probation  officer  without  a  certificate  of 
qualification  from  the  State  Board  of  Charities  and  Public  Welfare. 

The  State  Board  of  Charities  and  Public  Welfare  shall  establish  rules  and 
regulations  pursuant  to  which  appointments  under  this  article  shall  be  made, 
to  the  end  that  such  appointments  shall  be  based  upon  merit  only. 

The  appointment  of  a  probation  officer  shall  be  in  writing  and  one  copy  of 
the  order  of  appointment  shall  be  delivered  to  the  officer  so  appointed  and 
another  filed  in  the  office  of  the  State  Board  of  Charities  and  Public  Welfare. 


C.  S.  50  50.  Probation;  conditions;  revocation.  When  the  court  places 
any  child  or  adult  on  probation  as  provided  in  this  article  it  shall  determine 
the  conditions  of  probation,  which  may  be  modified  by  the  court  at  any  time. 
A  child  shall  remain  on  probation  for  such  period  as  the  court  shall  determine 
during  the  minority  of  such  child.  An  adult  shall  remain  on  probation  for 
such  period  as  the  court  shall  determine,  not  to  exceed  five  yeais.  The  condi¬ 
tions  of  probation  shall  be  such  as  the  court  shall  prescribe,  and  may  include, 
among  other  conditions,  any  or  several  of  the  following:  That  the  piobationer 
shall  indulge  in  no  unlawful  or  injurious  habits;  shall  avoid  places  or  persons 
of  disreputable  or  harmful  character;  shall  report  to  the  probation  officer  as 
directed  by  the  court  or  probation  officer;  shall  permit  the  probation  officer 
to  visit  him  in  a  reasonable  manner  at  his  place  of  abode  or  elsewhere;  shall 
answer  any  reasonable  inquiries  on  the  part  of  the  probation  officer  concern¬ 
ing  his  conduct  or  condition;  shall,  if  a  child  of  compulsory  school  age,  attend 
school  regularly;  shall,  if  an  adult  or  a  child  who  does  not  atteiffi  school, 
work  faithfully  at  suitable  employment;  shall  remain  or  reside  'vithin  a  speci¬ 
fied  place  or  locality;  shall  pay  a  fine  in  one  or  several  sums;  shall  make 
restitution  or  reparation  to  the  aggrieved  parties  for  actual  damages  or  losses 


22 


State  Laws  ox  Public  A'\  elfare 


caused  by  an  offense,  upon  such  conditions  as  the  court  shall  determine;  and 
shall  make  payment  for  the  support  of  any  lawful  dependents  as  required  by 
the  court. 

Any  person  on  probation  may  at  any  time  be  required  to  appear  before  the 
court,  and  in  case  of  his  failure  to  do  so  when  properly  notified  by  the  proba¬ 
tion  officer,  the  court  may  issue  a  warrant  for  his  arrest.  In  the  case  of  a 
child  on  probation,  if  the  court  believes  that  the  welfare  of  such  child  will 
thereby  be  promoted,  the  probation  may  be  revoked  at  any  time,  and  the 
court  may  make  such  other  disposition  of  the  child  as  it  might  have  made  at 
the  time  the  child  was  placed  on  probation.  An  adult  on  probation  who  vio¬ 
lates  any  of  the  conditions  thereof  may  be  arrested  upon  a  warrant  issued  by 
the  court,  and  the  court  may  impose  any  penalties  which  it  might  have 
imposed  at  the  time  the  defendant  was  placed  on  probation. 

C.  S.  50  51.  Duties  and  powers  of  probation  oflicers.  It  shall  be  the 
duty  of  a  probation  officer  to  make  such  investigations  before,  during  or  after 
the,  trial  or  hearing  of  any  case  coming  before  the  court  as  the  court  shall 
direct,  and  shall  report  thereon  in  writing.  The  probation  officer  shall  take 
charge  of  any  child  before  or  after  the  trial  or  hearing  when  so  directed  by 
the  court.  The  probation  officer  shall  furnish  to  each  person  released  on 
probation  under  his  supervision  a  written  statement  of  the  conditions  of 
probation,  and  shall  instruct  the  probationer  and  other  persons  responsible 
for  the  welfare  of  the  probationer  regarding  same,  and  shall  enforce  all  the 
conditions  of  probation.  Such  officer  shall  keep  informed  concerning  the 
conduct  and  condition  of  each  person  on  probation  under  his  supervision  by 
visiting,  requiring  of  reports  and  in  other  ways,  and  shall  report  upon  the 
progress  of  each  case  under  his  supervision  at  least  monthly  to  the  court. 
Such  officer  shall  use  all  suitable  methods  not  inconsistent  with  the  conditions 
imposed  by  the  court  to  aid  and  encourage  persons  on  probation  and  to  bring 
about  improvements  in  their  conduct  and  condition.  Such  officer  shall  keep 
detailed  records  of  his  work.  He  shall  keep  accurate  and  complete  accounts 
of  all  moneys  collected  from  persons  under  his  supervision;  he  shall  give 
receipts  therefor,  and  shall  make  at  least  monthly  returns  thereof;  such  offi¬ 
cer  shall  make  such  report  to  the  State  Board  of  Charities  and  Public  Welfare 
as  it  may  from  time  to  time  require,  and  shall  perform  such  other  duties  as 
the  court  under  whose  direction  such  officer  is  serving  shall  direct. 

Every  probation  officer  shall  have  all  the  powers  of  a  peace  officer  within 
the  jurisdiction  of  the  court  which  he  serves.  With  the  approval  or  under  the 
direction  of  the  judge  of  the  court  in  which  a  probation  officer  is  serving,  such 
officer  is  authorized  and  empowered  to  act  as  probation  officer  over  any  person 
on  probation  transferred  to  his  supervision  from  any  other  court,  and  may 
act  as  parole  officer  over  any  person  released  from  a  correctional  institution 
when  requested  to  do  so  by  the  authorities  thereof  and  when  authorized  so 
to  act  by  the  judge  of  the  court  in  which  such  probation  officer  is  serving. 

C.  S.  50  52.  Suppoi-t  of  child  committed  to  custodial  agency.  When¬ 
ever  any  child  is  committed  by  the  court  to  the  custody  of  an  institution,  asso¬ 
ciation,  society,  or  person  other  than  its  parent  or  guardian,  compensation  for 
the  care  of  such  child  when  approved  by  the  order  of  the  court,  shall  be  a 
charge  upon  the  county,  but  the  court  may  at  the  issuance  and  service  of  an 
order  to  show  cause  on  the  parent  or  other  person  having  the  duty  under  the 
law  to  support  such  child  adjudge  that  such  parent  or  other  person  shall  pay 
in  such  manner  as  the  court  may  direct  such  sum  as  will  cover  in  whole  or 
in  part  the  support  of  such  child,  and  willful  failure  to  pay  such  sum  may  be 
punished  as  a  contempt  of  court. 


23 


State  Laws  on  Public  Welfare 

C.  S.  5057.  Offenses  against  children;  responsibility  of  parents  and 
o  -ier  ac  lilts;  penalty.  A  parent,  guardian,  or  other  person  having  the 
custody  of  a  child  who  omits  to  exercise  reasonable  diligence  in  the  care, 
protection,  or  control  of  such  child,  causing  it  to  be  adjudged  delinquent! 
neglected,  or  in  need  of  the  care,  protection,  or  discipline  of  the  State  as  pro¬ 
vided  in  this  act,  or  who  permits  such  child  to  associate  with  vicious,  immoral, 
or  criminal  persons,  or  to  beg  or  solicit  alms,  or  to  be  an  habitual  truant  from 
school,  or  to  enter  any  house  of  prostitution  or  assignation,  or  any  place 
where  gambling  is  carried  on,  or  to  enter  any  place  which  may  be  injurious  to 
the  morals,  health  or  general  welfare  of  such  child,  and  any  such  person  or 
any  other  person  who  knowingly  or  willfully  is  responsible  for,  encourages, 
aids,  causes  or  connives  at,  or  who  knowingly  or  willfully  does  any  act  to 
produce,  promote  or  contribute  to  the  condition  which  caused  such  child  to  be 
adjudged  delinquent,  neglected,  or  in  need  of  the  care,  protection,  or  disci¬ 
pline  of  the  State,  shall  be  guilty  of  a  misdemeanor, 

C.  S,  5058.  Appeals.  An  appeal  may  be  taken  from  any  judgment  or 
order  of  the  juvenile  court  to  the  Superior  Court  having  jurisdiction  in  the 
county  by  the  parent  or,  in  case  there  is  no  parent,  by  the  guardian,  custodian 
or  next  friend  of  any  child,  or  by  any  adult  described  in  the  two  preceding 
sections  of  this  act  whose  case  has  been  heard  by  the  juvenile  court.  Such 
appeal  shall  be  taken  in  the  manner  provided  for  appeals  to  the  Superior 
Court:  Provided,  that  written  notice  of  such  appeal  be  filed  with  the  juvenile 
court  within  five  days  after  the  issuance  of  the  judgment  or  order  of  such 
court. 

C.  S.  5059.  Compensation  of  judges.  The  judge  of  the  juvenile  court 
shall  be  paid  a  reasonable  compensation  for  his  services,  the  amount  to  be 
determined  by  the  county  commissioners,  and  the  amount  thus  determined  by 
the  county  commissioners  shall  be  charged  against  the  public  funds  of  the 
county.  And  such  compensation  shall  be  independent  of  any  compensation 
which  may  come  to  him  as  clerk  of  the  Superior  Court. 

C.  S.  5060.  Co-operation.  It  is  hereby  made  the  duty  of  every  State, 
county  or  municipal  official  or  department  to  render  such  assistance  and  co¬ 
operation  within  his  or  its  jurisdiction  or  power  as  shall  further  the  objects 
of  this  act.  All  institutions  or  other  agencies  to  which  any  person  coming 
within  the  provisions  of  this  act  may  be  sent  are  hereby  required  to  give  such 
information  concerning  such  child  to  the  court  or  to  any  other  officer  ap¬ 
pointed  by  it  as  said  court  or  official  may  require  for  the  purposes  of  this  act. 
The  court  is  authorized  to  seek  the  cooperation  of  all  societies,  organizations 
or  individuals  to  the  end  that  the  court  may  be  assisted  in  every  way  in  the 
discharge  of  its  duties. 

C.  S.  50  61.  Rules.  The  court  shall  have  power  to  devise  and  publish 
rules  to  regulate  the  procedure  in  cases  coming  within  the  provisions  of  this 
act  and  for  the  conduct  of  all  probation  and  other  officers  of  the  court  in  such 
cases.  The  court  shall  devise  and  cause  to  be  printed  for  public  use  such 
forms  for  records  and  for  various  petitions,  orders,  processes,  and  othei 
papers  in  the  cases  coming  within  this  act  as  shall  meet  the  requirements 
thereof,  and  all  expenses  incurred  in  complying  with  the  provisions  of  this 
act  shall  be  a  public  charge. 

C.  S.  50  53.  Selection  of  custodial  agency.  In  committing  any  child  to 
any  institution  or  other  custodial  agency  other  than  one  supported  and  con¬ 
trolled  by  the  State  or  in  placing  the  child  under  any  guardianship  other  than 


24 


State  Laws  on  Public  Welfaee 


that  of  its  natural  guardians,  the  court  shall,  as  far  as  practicable,  select  as 
the  custodial  agency  an  institution,  society  or  association  governed  by  persons 
of  like  religious  faith  as  the  parents  of  such  child  or  an  individual  holding 
the  same  religious  belief. 

C.  S.  5054.  Modification  of  judgment;  the  return  of  child  to  parents. 
Any  order  or  judgment  made  by  the  court  in  the  case  of  any  child  shall  be 
subject  to  such  modification  from  time  to  time  as  the  court  may  consider  to 
be  for  the  welfare  of  such  child,  except  that  a  child  committed  to  an  institu¬ 
tion  supported  and  controlled  by  the  State  may  be  released  or  discharged  only 
by  the  governing  board  or  officer  of  such  institution. 

Any  parent  or  guardian,  or  if  there  be  no  parent  or  guardian,  the  next 
friend  of  any  child  who  has  been  or  shall  hereafter  be  committed  by  the  court 
to  the  custody  of  an  institution,  other  than  an  institution  supported  and  con¬ 
trolled  by  the  State,  or  to  the  custody  of  any  association,  society  or  person, 
may  at  any  time  file  with  the  court  a  petition  verified  by  affidavit  setting  forth 
under  what  conditions  such  child  is  living,  and  that  application  for  the 
release  of  the  child  has  been  made  to  and  denied  by  such  institution,  associa¬ 
tion,  society  or  person,  or  that  institution,  association,  society  or  person  has 
failed  to  act  upon  such  application  within  a  reasonable  time.  A  copy  of  such 
petition  shall  at  once  be  served  by  the  court  upon  such  institution,  associa¬ 
tion,  society  or  person,  whose  duty  it  shall  be  to  file  a  reply  to  the  same 
within  five  days.  If,  upon  examination  of  the  petition  and  reply,  the  court  is 
of  the  opinion  that  an  investigation  should  be  had,  it  may,  upon  due  notice  to 
all  concerned,  proceed  to  hear  the  facts  and  determine  the  question  at  issue, 
and  may  return  such  child  to  the  custody  of  its  parents  or  guardian  or  direct 
such  institution,  association,  society  or  person  to  make  such  other  arrange¬ 
ments  for  the  child’s  care  and  welfare  as  the  circumstances  of  the  case  may 
require. 

Any  child  while  under  the  jurisdiction  of  the  court  shall  be  subject  to  the 
visitation  of  the  probation  officer  or  other  agent  of  the  court  authorized  to 
visit  such  child. 

C.  S.  5055.  Appointment  of  guardians.  Whenever  in  the  course  of  a 
proceeding  instituted  under  this  act  it  shall  appear  to  the  court  that  the  wel¬ 
fare  of  any  child  within  the  jurisdiction  of  the  court  will  be  promoted  by  the 
appointment  of  an  individual  as  general  guardian  of  its  person,  when  such 
child  is  not  committed  to  an  institution  or  to  an  incorporated  society  or  asso¬ 
ciation,  or  by  the  appointment  of  an  individual  or  corporation  as  general 
guardian  of  its  property,  the  court  shall  have  jurisdiction  to  make  such 
appointment,  either  upon  the  application  of  the  child  or  of  some  relative  or 
friend,  or  upon  the  court’s  own  motion,  and  in  that  event  an  order  to  show 
cause  may  be  made  by  the  court  to  be  served  upon  the  parent  or  parents  of 
such  child  in  such  manner  and  for  such  time,  prior  to  the  hearing,  as  the 
court  may  deem  reasonable.  In  any  case  arising  under  this  act  the  court 
may  determine  as  between  parents  or  others  whether  the  father  or  mother 
or  what  person  shall  have  the  custody  and  direction  of  said  child,  subject  to 
the  provisions  of  the  preceding  section. 

C.  S.  5056.  Examination  and  treatment  of  children  found  to  be  men¬ 
tally  defective  or  in  need  of  medical  care.  The  court,  in  its  discretion, 
either  before  or  after  a  hearing,  may  cause  any  child  within  its  jurisdiction 
to  be  examined  by  one  or  more  duly  licensed  physicians,  who  shall  submit  a 
written  report  thereon  to  the  court.  If  it  shall  appear  to  the  court  that  any 
child  within  the  jurisdiction  of  the  court  is  mentally  defective,  he  may  cause 


25 


State  Laws  on  Public  Welfare 


the  child  to  be  examined  by  two  licensed  physicians,  and  on  the  written  state¬ 
ment  of  the  two  examining  physicians  that  it  is  their  opinion  that  the  child 
is  mentally  defective,  feebleminded,  or  epilectic,  the  court  may  commit  such 
child  to  an  institution  authorized  by  law  to  receive  and  care  for  mentally 
defective,  feebleminded,  or  epilectic  children,  as  the  case  may  be.  No  child 
shall  be  committed  to  such  institution  unless  the  parent  or  parents  or  the 
guardian  or  custodian  of  such  child,  if  such  there  be,  are  given  an  opportunity 
for  a  hearing. 

Whenever  a  child  within  the  jurisdiction  of  the  court  and  under  the  provi¬ 
sions  of  this  act  appears  to  the  court  to  be  in  need  of  medical  or  surgical  care 
a  suitable  order  may  be  made  for  the  treatment  of  such  child  in  a  hospital  or 
otherwise,  and  the  expense  thereof,  when  approved  by  the  court,  shall  be  a 
charge  upon  the  county  or  the  appropriate  subdivision  thereof;  but  the  court 
may  adjudge  that  the  person  or  persons  having  the  duty  under  the  law  to 
support  such  child  shall  pay  a  part  or  all  of  the  expenses  of  such  treatment 
as  provided  in  section  5052  of  this  article. 


C.  S.  5062.  City  juvenile  courts  and  probation  oflicers.  Every  city  in 
North  Carolina  where  the  population  was  by  the  census  of  one  thousand  nine 
hundred  and  ten,  ten  thousand  or  more  shall  maintain  a  juvenile  court,  to 
which  is  hereby  given  the  powers,  duties,  and  obligations  of  this  act  to  be 
exercised  within  their  territorial  boundaries.  Such  city  juvenile  courts  shall 
conduct  their  business  in  accordance  with  the  procedure  set  forth  in  this 
act  as  applying  to  the  county  juvenile  court.  It  is  hereby  made  the  duty  of 
governing  bodies  of  such  cities  to  make  provisions  for  such  courts  and  bear 
the  expense  thereof,  either  by  requiring  the  recorder  to  act  as  a  juvenile 
judge,  or  by  the  appointment  of  a  separate  judge.  The  governing  bodies  of 
such  cities  shall  also  appoint  one  or  more  assistant  probation  officers,  who 
shall  serve  within  its  jurisdiction  under  the  general  supervision  of  the  chief 


probation  officer  of  the  county,  which  chief  probation  officer  of  the  county  is 
hereby  made  the  chief  probation  officer  of  the  city  court  herein  provided  for. 
The  salary  of  the  chief  juvenile  court  judge  shall  be  fixed  and  paid  by  the 
governing  body  of  the  city,  and  such  governing  bodies  are  hereby  given 
authority  to  expend  such  sums  from  the  public  funds  of  the  city  as  may  be 
required  to  carry  this  act  into  effect. 

In  case  it  may  appear  to  the  governing  bodies  of  such  cities  herein  de¬ 
scribed  that  it  would  be  best  to  allow  the  county  juvenile  court  to  transact 
the  business  of  the  city,  they  may  make  such  provisions  and  agreements  with 
the  county  commissioners  for  the  expense  of  the  joint  couit  as  may  e  agreec 
upon,  and  in  such  event,  such  a.  city  is  hereby  permitted  to  make  such 
arrangement  in  lieu  of  establishing  a  city  juvenile  court.  But  in  case  the 
county  commissioners  will  not  agree  to  such  arrangement,  t  en  e  ci  y  mus 
establish  a  juvenile  court,  as  provided  in  this  section. 

Any  town  of  five  thousand  population,  which  is  not  a  county-seat,  and  in 
which  there  is  a  recorder’s  court,  may,  if  deemed  advisable  and  necessary  y 
the  governing  body,  provide  for  the  conduct  of  a  3uvenile  court  within  the 
erritoLl  jurisdiction  ot  such  recorder’s  court:  Provided,  that  the  provisions 
and  procedure  of  this  chapter  are  fully  followed  as  in  case  for  towns  of  ten 


thousand  inhabitants. 


Chao.  193,  Public  Laws  1923.  Population  for  city  juvenile  court.  That 
section  five  thousand  and  sixty-two  of  the  Consolidated  Statutes  be  amen  e 
by  striking  out  the  word  “ten”  when  said  word  first  appears  in  line  thiee,  and 
inserting  in  lieu  thereof  the  word  “twenty. 


26 


State  Laws  ox  Public  Welfare 


Ivulings  of  Attorney-General  on  Juvenile  Court  Law 

State  of  North  Carolina 
Department  of  Attorney-Genp'.ral 
Raleigh 

Mr.  R.  F.  Beasley,  August  19,  1919. 

Raleigh.  N.  C. 

Dp:ar  Sir: — During  the  progress  of  the  Juvenile  Court  Act  (chapter  97, 
Public  Laws  1919)  through  the  houses  of  the  General  Assembly,  it  was 
amended  in  the  House  by  striking  out  the  word  “eighteen”  in  line  three  of 
section  one  of  the  act,  and  substituting  therefor  the  word  “sixteen,”  and  this 
amendment  was  agreed  to  by  the  Senate.  The  effect  of  this  amendment  was 
to  make  section  one  read  as  follows: 

Section  1.  Jurisdiction  over  children.  The  Superior  Courts  shall  have 
exclusive  original  jurisdiction  of  any  case  of  a  child  less  than  sixteen  years  of 
age  residing  in  or  being  at  this  time  within  their  respective  districts. 

This  amendment  was  not  in  terms  carried  through  the  rest  of  the  act  where 
the  word  “eighteen”  had  been  used  in  designating  the  age  of  a  child  to  whom 
the  statute  was  applicable.  Section  three,  with  the  subhead  “Definitions”  to 
it,  still  contains  the  following: 

The  term  “child”  shall  mean  any  minor  less  than  eighteen  years  of  age. 
The  term  “adult”  shall  mean  any  person  eighteen  years  of  age  or  over. 

You  ask  should  the  amendment  of  section  1  be  construed  as  applying  also 
to  that  part  of  section  three  quoted  above.  We  think  it  should.  The  failure 
of  the  Legislature  to  make  the  amendment  to  section  three  directly  was  sim¬ 
ply  inadvertence.  The  proper  construction  of  the  act  in  the  light  of  the 
purpose  for  which  it  was  drawn  and  the  intent  of  the  Legislature  to  reduce 
the  age  of  the  child  over  which  the  juvenile  court  should  have  jurisdiction,  in 
our  opinion,  requires  that  the  amendment  should  be  read  into  section  three  as 
well.  This  construction  subordinates  the  incidental  intent  of  the  Legislature 
in  defining  the  terms  of  the  act  to  its  main  intent  in  fixing  the  age  of  the 
child  to  which,  and  to  which  only,  it  was  to  apply.  Any  other  construction 
would  result  in  such  confusion  as  materially  to  interfere  with,  if  not  destroy, 
the  beneficent  purpose  of  the  whole  legislation.  In  its  administration  there 
would  necessarily  be  “confusion  worse  confounded,”  whereas,  under  the  con¬ 
struction  which  we  have  adopted,  the  act  could,  in  no  case,  be  made  to  apply 
to  a  child  over  sixteen  years  of  age. 

Yours  very  truly, 

•  (Signed)  James  S.  Manning, 

Attorney-General. 

Mr.  George  B.  Mason,  September  25,  1919. 

Solicitor  Municijial  Court, 

Gastonia,  N.  C. 

Dear  Sir: — In  reply  to  yours  of  September  23d. 

Subsection  (f)  of  section  9,  chapter  97  of  the  Public  Laws  of  1919.  The 
Juvenile  Court  Act  seems  intended  as  a  limitation  of  the  general  words  used 
theretofore  in  the  act  with  reference  to  a  child  between  fourteen  and  sixteen 
years  of  age.  If  the  child  is  fourteen  years  of  age  and  is  charged  with  a 
felony  for  which  the  punishment  is  now  fixed  by  law  at  not  more  than  ten 
years  in  prison,  then  the  primary  jurisdiction  in  the  case  is  in  the  juvenile 
court,  with  authority  in  this  court  if  it  deem  it  best  to  transfer  the  case  to  the 
Superior  Court  in  term  time,  as  provided  in  subsection  (f).  Where,  however, 
a  child  between  the  ages  of  fourteen  and  sixteen  is  charged  with  a  felony, 
whose  punishment  may  exceed  ten  years  in  prison,  then,  in  our  opinion,  juris- 


State  Laws  ox  Public  Welfare 


27 


diction  of  the  juvenile  court  is  excluded  and  the  hearing  of  the  charge  is  in 
the  courts  as  constituted  before  the  Juvenile  Court  Act.  In  other  words,  the 
juvenile  court  has  not  j'urisdiction  in  such  a  case. 

Yours  very  truly, 

(Signed)  James  S.  Maxxixg, 

Attorney-Ge^ieral. 

Mrs.  Kate  Burr  Joiixsox,  April  13,  1923. 

Commissioner  of  Piihlic  Welfare, 

Raleigh.  N.  C. 

Dear  Mrs.  Joiixsox:— In  reply  to  yours  of  April  10th. 

In  your  letter  you  ask  a  number  of  questions,  and  we  take  them  up 
se?'iatim. 

(1)  When  a  recorder  is  hearing  juvenile  court  cases,  he  being  also  a  prop¬ 
erly  constituted  judge  of  the  juvenile  court,  does  he  have  authority  to  fine 
parents,  acting  in  the  capacity  of  a  recorder,  and  at  the  same  time  make  a 
disposition  of  the  case  of  a  child,  acting  in  the  capacity  of  the  juvenile  court 
judge?  In  other  words,  can  a  recorder  handle  both  parents  and  child,  and 
dispose  of  both  at  one  hearing? 

We  cannot  answer  this  question  categorically  “Yes”  or  “No,”  because  there 
are  many  limitations  to  such  answer  which  must  be  stated,  that  it  may  lie 
proper.  On  February  25,  1922,  we  wrote  you  (biennial  report  1921-22,  p.  189) : 

“The  fundamental  reason  why  the  juvenile  court  may  adopt  sum¬ 
mary  remedies  and  enforce  them  by  summary  proceedings  is  that  delin¬ 
quent  children  are  wards  of  the  State.  If  the  Legislature  had  attempted 
to  confer  jurisdiction  upon  the  juvenile  court  to  deal  in  a  summary  way 
with  adults,  where  their  acts  amount  to  crimes  under  the  general  law, 
such  attempt  would  have  been,  we  think,  unconstitutional.” 

The  reason  that  such  act  would  have  been  unconstitutional  is  that  the 
Constitution  itself  declares  that  every  person  charged  with  a  crime  shall  be 
informed  of  the  charge  and  have  an  opportunity  to  confront  his  accuser  with 
testimony  in  his  behalf.  If,  therefore,  a  recorder  is  likewise  judge  of  the 
juvenile  court  in  the  town  where  his  court  is  located,  he  may  proceed  against 
the  children  of  the  class  defined  in  the  act  under  the  Juvenile  Court  Act.  If 
the  parent  (or  parents)  of  a  delinquent  child  has  offended  against  C.  S.,  sec. 
5057,  which  punishes  neglect  by  parents  as  specified  in  the  section  as  a  mis¬ 
demeanor,  then  the  recorder  has  to  proceed  against  that  parent,  issuing 
criminal  process,  giving  him  an  opportunity  to  defend  the  charge,  just  as  he 
would  in  any  other  case.  In  this  he  would  be  acting  as  the  judge  of  a  crimi¬ 
nal  court  with  all  the  consequences  that  ensue  from  the  exercise  of  such 
function.  Dealing  with  the  child,  though,  he  would  be  acting  as  judge  of 
the  juvenile  court.  If,  therefore,  he  deals  with  the  child  and  the  parent  at 
the  same  time,  this  must  be  a  coincident,  because  he  should  use  different  pro¬ 
ceedings  in  each  case  and  exercise  different  functions  in  each  case. 

(2)  In  the  city  of  Rocky  Mount  the  authorities  have  established  a  city 
juvenile  court,  as  they  have  a  right  to  do  under  C.  S.,  section  5062.  Upon 
this  you  ask: 

“Does  this  juvenile  court  judge  have  authority  to  handle  adult  cases, 
in  like  manner  as  the  city  recorder?” 

Excluding  cases  where  he  makes  proper  orders  with  reference  to  the  con¬ 
trol  and  custody  of  delinquent  children,  which  orders  he  may  enforce  against 
adults,  if  properly  made,  through  the  exercise  of  the  power  of  the  court  when 


28 


State  Laws  on  Public  Welfare 


that  exercise  is  proper  under  C.  S.,  section  5046,  we  think  this  judge  of  the 
juvenile  court  has  no  more  authority  than  that  conferred  upon  other  juvenile 
courts.  He  cannot  issue  criminal  warrants  against  adult  persons  and  try 
them  as  though  he  was  sitting  as  a  criminal  judge.  That  must  be  left  to 
criminal  courts. 

(3)  Does  the  judge  of  a  juvenile  court  have  authority  to  order  a  child  to 
be  flogged  by  the  police,  and,  if  so,  under  what  conditions? 

To  this  we  answer  emphatically.  No.  On  May  27,  1921,  the  question  was 
put  to  this  office  as  to  whether  or  not  the  juvenile  court  could  order  a  parent 
to  flog  a  delinquent  child  in  the  presence  of  the  court,  to  which  we  replied 
as  follows: 

“It  may  be  that  subsection  5  of  C.  S.,  sec.  5047,  would  permit  the 
juvenile  court,  where  circumstances  are  such  as  to  require  it,  to  have 
the  father  thrash  the  boy  in  the  presence  of  the  court.  If,  however,  the 
court  has  this  authority,  it  seems  that  it  would  be  more  honored  in  the 
breach  than  in  the  observance.  The  court  has  authority  to  commit  a 
child  to  the  custody  of  a  parent.  If  the  parent  is  one  proper  to  have  this 
authority,  he  would  accomplish  more  by  administering  the  punishment 
privately  than  he  would  by  outraging  the  sense  of  justice  of  this  little 
irresponsible  Arab  by  a  thrashing  in  public.  It  is  an  exceedingly  diffi¬ 
cult  situation  which  can  be  dealt  with  only  by  wise  forbearance  and 
full  consideration  for  the  point  of  view  of  the  boy,  accompanied  by  firm¬ 
ness  where  such  firmness  is  required.” 

Much  more,  then,  do  we  think  it  would  be  an  outrage  upon  the  delinquent 
child  for  the  court  to  have  him  flogged  publicly  by  a  police  officer,  or  privately 
by  a  police  officer.  The  Juvenile  Court  Act  is  based  upon  the  fundamental 
idea  that  the  proceedings  allowed  therein  are  not  for  the  punishment  of  the 
delinquent  child,  but  for  his  protection  and  training.  It  is  the  State  acting 
as  a  parent  when  dealing  with  them.  We  are  very  clear,  then,  that  these 
courts  should  never  in  any  instance  require  these  delinquents  to  be  punished 
by  flogging,  administered  by  a  police  officer. 

(4)  What  are  costs  in  these  juvenile  court  cases? 

The  statute  is  wholly  silent  as  to  this.’  It  nowhere  says  that  officers  serv¬ 
ing  the  processes  of  such  court  shall  be  entitled  to  fees  similar  to  those 
received  in  other  courts.  Indeed,  C.  S.,  sec.  5046  declares: 

“The  sheriff  or  other  lawful  officer  of  the  county  in  which  the  action 
is  taken  shall  serve  all  papers  as  directed  by  the  court,  but  the  papers 
may  be  served  by  any  person  delegated  by  the  court  for  that  purpose.” 

The  statute  thus  leaves  the  question  of  cost  up  in  the  air,  so  to  speak. 
On  February  21,  1920,  we  attempted  to  deal  with  this  question  for  Mr. 
Beasley,  the  former  Commissioner  of  Public  Welfare.  See  opinion  at  page 
149  of  the  biennial  report  for  1918-20,  Mr.  Beasley,  in  a  letter  to  this  office, 
assumed  that  the  Juvenile  Court  Act  provided  no  fees  for  the  service  of  the 
processes  of  these  courts,  and  upon  that  assumption  we  acted.  It  is  unnec¬ 
essary  to  quote  that  opinion  in  full,  as  you  have  a  copy  of  the  report. 

It  is  a  general  rule  that  public  officers  for  public  service  are  entitled  only 
to  those  fees  specifically  or  by  necessary  implication  provided  by  statute,  and 
it  is  very  clear  that  the  Legislature  may  impose  other  duties  upon  existing 
public  officers  without  providing  any  compensation  for  the  performance  of 
the  duties.  If  it  should  be  suggested,  however,  that  such  officers,  by  neces¬ 
sary  implication,  are  entitled  to  the  fees  provided  for  the  service  of  processes 
of  other  courts,  in  serving  processes  of  juvenile  courts,  we  admit  that  there 
is  force  in  this  suggestion.  The  difficulty  we  have,  however,  if  this  should 


State  Laws  on  Public  Welfake 


20 


be  assumed,  is  that  it  is  not  possible  to  determine  with  absolute  definiteness 
what  those  fees  should  be  in  a  particular  case.  The  statute  itself  seems  to 
contemplate  that  the  probation  officer  should  serve  these  papers,  but  if  not, 
that  they  should  be  served  by  the  sheriff  or  other  proper  officer  without  com¬ 
pensation.  We  admit  that  this  conclusion  is  subject  to  very  serious  doubt, 
which  can  only  be  solved  by  a  decision  of  the  court. 

Very  truly  yours, 

(Signed)  Jami:s  S.  Manning, 

Attoy'ney -General. 

Mrs.  Kate  Burr  Johnson,  March  7,  1923. 

Commissioner  of  Puhlic  Welfare, 

Raleigh.  N.  C. 

Dear  Madam: — Through  Mr.  Brown,  of  your  Department,  you  submit  the 
following  question  to  this  office: 

A,  a  juvenile  delinquent,  is  brought  before  a  juvenile  court  charged  with 
the  larceny  of  $5.00.  The  father  of  the  child  is  brought  into  court  also  under 
C.  S.,  sec.  5044.  After  an  investigation  the  juvenile  court  found  that  the  child 
had  stolen  the  $5.00;  can  the  court  under  such  circumstances  make  an 
enforcible  order  that  the  father  of  A  shall  return  the  $5.00  stolen  to  the  person 
from  whom  it  was  stolen? 

We  think  the  juvenile  court  cannot  enforce  this  order  against  the  father, 
if  he  refuses  to  comply  with  it.  If  he  should  refuse  to  comply,  there  is  no 
machinery  provided  by  the  general  law  or  the  Juvenile  Court  Act  to  enforce 
the  judgment  against  him.  Of  course,  all  properly  constituted  fathers  would 
be  glad  to  conform  to  the  order  of  the  court  under  such  circumstances,  but  we 
know  no  rule  of  law  which  would  compel  the  father,  who  had  taken  no  part 
in  the  theft,  either  in  instigating  it  or  in  receiving  the  fruits  thereof,  to 
restore  the  stolen  property. 

Very  truly  yours, 

(Signed)  James  S.  Manning, 

N/T  Attorney -General. 


Mrs.  Clarence  A.  Johnson,  August  20,  1921. 

Supey'intendent  Puhlic  Welfare, 

Raleigh.  N.  C. 

Dear  Mrs.  Johnson:— Chapter  128,  Public  Laws  of  1921,  contains  this  pro¬ 
vision: 

“On  the  second  Monday  in  July,  nineteen  hundred  and  twenty-one,  and 
on  the  second  Monday  in  July  every  two  years  thereafter,  the  county 
board  of  education  and  the  board  of  county  commissioners  of  every  county 
in  North  Carolina  shall  meet  in  joint  session  for  the  purpose  of  electing 
a  county  superintendent  of  public  welfare,  who  shall  serve  for  the  ensu¬ 
ing  two  years,  and  until  his  successor  is  elected  and  qualified 
The  person  elected  county  superintendent  of  public  welfare  shall  be 
qualified  by  character,  fitness,  and  experience  to  well  discharge  the 
duties  thereof.  No  one  so  elected  shall  begin  the  work  of  this  position 
until  he  shall  have  received  a  certificate  of  approval  of  his  fitness  from 
the  State  Board  of  Charities  and  Public  Welfare.” 


In  our  letter  to  you  of  July  7th  interpreting  the  terms  “joint  session, 
wrote  as  follows: 


we 


“There  are  two  legal  deductions  from  the  use  of  the  terms  “joint 
session”  In  the  connection  in  which  they  are  used :  First,  there  must  be 
a  quorum  of  both  the  board  of  education  and  of  the  board  of  count> 


30 


State  Laws  on  Public  Welfare 


commissioners  present  before  a  joint  session  can  be  held,  and  second, 
these  quorums  being  present,  the  various  members  of  the  two  bodies, 
when  in  joint  session,  vote  as  individuals  composing  the  joint  meeting.” 

As,  in  many  of  the  counties  of  the  State,  the  board  of  county  commis¬ 
sioners  is  composed  of  five  members,  whereas  the  county  board  of  education 
is  composed  of  three  members,  the  former  body  in  these  counties,  necessarily 
has  a  controlling  influence  in  the  selection  of  a  county  superintendent  of 
welfare.  For  this  reason  the  Legislature  further  declared : 

“It  is  hereby  declared  to  be  the  purpose  of  this  section  that  the  board 
of  education  and  the  board  of  county  commissioners  shall  act  in  a  spirit 
of  mutual  cooperation  for  the  purpose  of  obtaining  the  best  possible 
result  in  carrying  out  the  intention  of  this  act.” 

As  a  further  protection  against  the  improvident  or  unwise  action  of  the 
joint  session,  the  act  submits  the  election  of  the  county  public  welfare 
officer  to  the  State  Board  of  Charities  and  Public  Welfare,  as  quoted  above. 
You  ask  the  opinion  of  this  office  as  to  the  extent  of  this  veto  power.  It 
seems  to  us  that  the  statute  itself  is  specific  in  this  regard.  “The  person 
elected  county  superintendent  of  public  welfare  shall  be  qualified  by  charac¬ 
ter,  fitness,  and  experience  to  well  discharge  the  duties  thereof.”  It  is  a  very 
important  office,  and  the  whole  purpose  of  the  act  may  be  frustrated  in  a 
particular  county,  by  the  election  of  an  improper,  unfit,  or  inexperienced 
person.  The  determination  of  fitness  is  placed  by  the  Legislature  wholly  in 
the  power  of  the  State  Board  of  Charities  and  Public  Welfare.  We  do  not 
interpret  the  word  “experience”  as  requiring  that  the  person  elected  should 
have  been  an  incumbent  of  the  office  before,  but  as  requiring  that  person  to 
have  manifested  his  sympathy  with  the  general  purposes  of  the  act  by  his 
previous  experience. 

As  we  have  heretofore  ruled,  we  regard  the  time  of  election,  second  Mon¬ 
day  in  July,  as  directory  and  not  mandatory,  so  an  election  held  on  the  sec¬ 
ond  Monday  of  August  would  not  be  void  unless  for  some  reason  an  adequate 
quorum,  as  heretofore  defined  to  you,  is  not  present  at  that  time. 

We  return  herewith  the  two  letters  left  with  us. 

Yours  very  truly, 

(Signed)  James  S.  Manning, 

N/H  Attorney -Geney’al. 

Mrs.  Kate  Burr  Johnson,  August  30,  1923. 

Commissioner  of  Public  Welfare, 

Raleigh,  N.  C. 

Dear  Madam: — You  inquire  of  this  office  whether  or  not  a  juvenile  court 
has  jurisdiction  to  put  an  adult  upon  probation.  We  think  it  very  clear  that 
it  has  not.  C.  S.,  section  5050,  is  so  drawn  as  to  assume  that  an  adult  could 
be  put  upon  probation.  Nowhere  else  in  the  statute,  however,  is  there  any 
machinery  provided  for  such  probation.  The  terms  “or  adult”  in  the  section 
were  no  doubt  incorporated  in  it  through  inadvertence,  and  so  do  not  confer 
authority  in  the  absence  of  other  legislation  upon  the  juvenile  court  to  put 
an  adult  upon  probation.  Very  truly  yours, 

(Signed)  James  S.  M.vnning, 

N/T  Attorney-General. 

BASTARDY 

C.  S.  265.  Justices  have  jurisdiction;  when  warrant  issued.  Justices 
of  the  peace  of  the  several  counties  have  exclusive  original  jurisdiction  to 
issue,  try  and  determine  all  proceedings  in  cases  of  bastardy  in  their  respect- 


State  Laws  on  Public  elfare  31 

ive  counties.  A  warrant  in  bastardy  shall  be  issued  only  upon  the  volun¬ 
tary  affidavit  and  complaint  of  the  mother  of  the  bastard;  or,  upon  the  affi¬ 
davit  of  one  of  the  county  commissioners,  setting  forth  the  fact  that  the 
Dastard  is  likely  to  become  a  county  charge. 


C.  S.  2  66.  Complaint  as  to  bastard  by  county  commissioner.  When 
complaint  is  made  on  affidavit  by  a  county  commissioner  to  a  justice  of  the 
peace  of  the  county  in  which  the  woman  resides,  that  any  single  woman 
within  his  county  is  big  with  child,  or  delivered  of  a  child,  the  justice  may 
cause  her  to  be  brought  before  him,  or  any  other  justice  of  the  county,  to  be 
examined  upon  oath  respecting  the  father.  If  she  refuses  to  declare  the 
father,  she  shall  pay  a  fine  of  five  dollars  and  give  bond,  payable  to  the  State, 
with  sufficient  surety  to  keep  such  child  from  being  chargeable  to  the  county; 
otherwise,  she  shall  be  committed  to  prison  until  she  shall  declare  the  same, 
or  pay  the  fine  aforesaid  and  give  such  bond. 


C.  S.  2  67.  Woman  declaring  father;  issue  of  iiateniity;  apjieal.  If 
any  woman,  upon  oath,  accuses  any  man  of  being  the  father  of  her  bastard 
child,  the  justice  before  whom  such  oath  is  made  shall  cause  him  to  be 
brought  before  some  justice  of  the  peace  of  such  county  to  answer  the  charge. 
If  he  denies,  upon  oath,  that  he  is  the  father  of  such  child,  the  justice  shall 
proceed  to  try  the  issue  of  paternity,  and  if  it  is  found  that  he  is  the  father 
of  the  child,  or  if  he  does  not  deny  upon  oath,  that  he  is  the  father  of  the 
child,  then  he  shall  stand  charged  with  the  maintenance  thereof,  as  the  court 
may  order,  and  shall  give  bond,  with  sufficient  surety,  payable  to  the  State, 
to  perform  said  order,  and  to  indemnify  the  county  where  such  child  is  born 
from  charges  for  his  maintenance,  and  may  be  committed  to  prison  until  he 
finds  surety  for  the  same,  and  shall  be  liable  for  the  costs  of  the  issue  or  pro¬ 
ceeding.  From  this  judgment  and  finding  the  affiant,  the  woman  or  the 
defendant  may  appeal  to  the  next  term  of  the  Superior  Court  of  the  county, 
where  the  trial  is  to  be  had  de  novo. 


C.  S.  2  68.  Judgment  on  appeal  to  Superior  Court  against  putative 
father.  If  the  jury  at  term  finds  that  the  person  accused  is  the  father  of 
the  child,  then  the  judge  shall  make  the  order  for  the  maintenance  and  for 
costs  of  proceedings,  and  shall  take  bond  from  the  defendant  and  his  sure¬ 
ties  for  the  maintenance  of  the  child  and  to  indemnify  the  county  and  pay 
the  costs;  and,  in  default  thereof,  may  imprison  the  defendant. 


~C.  S.  2  69.  Woman’s  examination  presumptive  evidence.  Upon  the  trial 
of  the  issue  of  paternity,  whether  before  the  justice  or  at  term,  the  examina¬ 
tion  of  the  woman  taken  and  returned  shall  be  presumptive  evidence  against 
the  person  accused,  subject  to  be  rebutted  by  other  evidence  which  may  be 
introduced  by  the  defendant. 


C.  S.  270.  Upon  appeal  parties  and  witnesses  recognized.  When  an 
appeal  is  taken  the  justice  shall  recognize  the  person  accused  of  being  the 
father  of  the  child  with  sufficient  surety  for  his  appearance  at  the  next  term 
of  the  Superior  Court  for  the  county,  and  to  abide  by  and  peifoim  the  oidei 
of  the  court  The  justice  shall  also  recognize  the  woman  and  other  wit¬ 
nesses  to  appear  at  the  Superior  Court,  and  shall  return  to  the  court  the 
original  papers  in  the  proceeding,  and  a  transcript  of  his  proceedings  as 
required  in  other  cases  of  appeal.  If  the  putative  father  fails  to  appear, 
unless  for  good  cause  shown,  the  judge  shall  direct  the  issue  of  paternity  to 
be  tried  If  the  issue  is  found  against  the  person  accused,  he  shall  order 
a  capias  or  attachment  to  be  issued  for  the  father,  and  may  also  enter  up 
judgment  against  the  father  and  his  surety  on  his  recognizance. 


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State  Laws  on  Public  Welfare 


C.  S.  271.  Putative  father  out  of  county.  If  the  putative  father  escapes 
or  is  in  any  other  county  than  that  of  the  justice  issuing  the  warrant,  it  shall 
be  issued,  indorsed,  executed  and  returned  as  provided  for  warrants  in 
criminal  actions. 

C.  S.  272.  Continuance  till  birth  of  child.  When  the  judge  or  justice, 
as  the  case  may  be,  trying  the  issue  of  paternity,  deems  it  proper,  he  may 
continue  the  case  until  the  woman  is  delivered  of  the  child.  When  a  con¬ 
tinuance  is  granted,  the  court  shall  recognize  the  person  accused  of  being 
the  father  of  the  child  with  surety  for  his  appearance  either  at  the  next 
term  of  the  court  or  at  a  time  to  be  fixed  by  the  justice  granting  the  con¬ 
tinuance,  which  shall  be  after  the  delivery  of  the  woman.  ^ 

C.  S.  273,  amended  by  Chap.  109,  P,  L.  1921.  Allowance  and  bond. 
When  the  issue  of  paternity  is  found  against  the  putative  father,  or  when  he 
admits  the  paternity,  the  judge  or  justice  shall  make  an  allowance  to  the 
woman  not  exceeding  the  sum  of  two  hundred  dollars,  to  be  paid  in  such 
installments  as  the  judge  or  justice  shall  see  fit,  and  he  shall  give  bond  to 
indemnify  the  county  as  prescribed  by  law;  and  in  default  of  such  payments 
he  shall  be  committed  to  prison. 

C.  S.  274.  Action  barred  in  three  years  after  birth.  All  examinations 
upon  oath  to  charge  any  man  with  being  the  father  of  a  bastard  child  shall 
be  taken  within  three  years  next  after  the  birth  of  the  child,  and  not  after. 

C.  S.  275.  Execution  for  maintenance.  When  the  judge  or  justice 
charges  the  father  of  a  bastard  child  with  its  maintenance  and  the  father 
neglects  to  pay  the  same,  then  the  judge  or  justice,  upon  application  of  the 
party  aggrieved,  notice  being  served  on  the  defendant  at  least  ten  days 
before  the  return  day  stated  in  the  notice,  or  such  notice  being  returned  by 
the  sheriff  or  constable  that  the  defendant  is  not  to  be  found,  may  order  an 
execution  against  the  property  of  the  father  for  such  sum  as  the  court  shall 
adjudge  sufficient  for  the  maintenance  of  the  bastard  child. 

C.  S.  276.  Putative  father  when  committed  or  apprenticed.  In  all 
cases  arising  under  this  chapter,  when  the  putative  father  is  charged  with 
costs  or  the  payment  of  money  for  the  support  of  a  bastard  child,  and  he  is, 
by  law,  subject  to  be  committed  to  prison  in  default  of  paying  the  same,  it  is 
competent  for  the  court  to  sentence  him  to  the  house  of  correction  for  such 
time  not  exceeding  twelve  months,  as  the  court  may  deem  proper.  The 
putative  father,  at  his  discretion,  instead  of  being  committed  to  prison  or  to 
the  house  of  correction,  may  bind  himself  as  an  apprentice  to  any  person 
whom  he  may  select,  for  such  time  and  at  such  price  as  the  court  may  direct. 
The  binding  shall  be  by  indenture  in  open  court,  and  the  price  obtained  shall 
be  paid  to  the  county  treasurer.  On  the  indenture  being  signed  by  the  judge 
of  the  court  and  by  the  master  receiving  such  apprentice,  the  person  thus 
bound  shall  be  treated  and  regarded  as  an  apprentice  in  all  matters  except 
education. 

C.  S.  277.  Legitimation  of  bastards.  The  putative  father  of  any  ille¬ 
gitimate  child  may  apply  by  petition  in  writing  to  the  Superior  Court  of  the 
county  in  which  he  resides,  praying  that  such  child  may  be  declared  legiti¬ 
mate;  and  if  it  appears  that  the  petitioner  is  reputed  the  father  of  the  child, 
the  court  may  thereupon  declare  and  pronounce  the  child  legitimated;  and 
the  clerk  shall  record  the  decree. 


33 


State  Laws  on  Public  Welfare 


exfenrt  of  legitimation.  The  effect  of  such  legitimation  shall 

tatherl  ole  tn  lu'’ •“'f"  "P™  ‘^e  father  all  the  obligations  which 

\  Children,  and  to  enable  the  child  to  inherit  from 

wprtiLi  le  ‘ather  in  the  same  manner  as  it  he  had  been  born  in  lawful 

l,ch  child  li.  1?!  "f  the  real  and  personal  estate  of 

uch  child  shall  be  transmitted  and  distributed  according  to  the  statute  of 

descents  and  distribution  among  those  who  would  be  his  heirs  and  next  of  kin 
in  case  he  had  been  born  in  lawful  wedlock. 


C.  S.  279.  Legitimation  by  subsequent  marriage.  When  the  mother  of 
any  bastard  child  and  the  reputed  father  of  such  child  shall  intermarry  or 
shall  have  intermarried  at  any  time  after  the  birth  of  such  child,  the  child 
shall  in  all  respects,  after  such  intermarriage,  be  deemed  and  held  to  be 
legitimate  and  entitled  to  all  the  rights  in  and  to  the  estate,  real  and  per¬ 
sonal,  of  its  father  and  mother  that  it  would  have  had  had  it  been  born  in 
lawful  wedlock. 

Supreme  Court  decisions — Bastardy  is  a  civil  action,  in  the  nature  of  poliee 
regulation:  State  v.  Currie,  161-275.  The  intention  of  proceedings  in  bas¬ 
tardy  is  to  secure  to  the  mother  her  probable  expense  or  to  7’eimburse  her 
actual  outlay,  even  though  the  ehild  die  at  birth:  State  v.  Addington,  11/3-683; 
and  if  the  child  live,  to  indemnify  the  county  against  loss:  State  v.  Broken, 
1/6-130.  Resemblance  of  child  and  accused  competent  evidence:  State  v.  Hor¬ 
ton,  100-1/1/3. 


MISCELLANEOUS  LAWS  AFFECTING  THE  CHILD  IN  ITS  RELATION 

TO  THE  FAJVHLY 

C.  S.  444  5.  Separating  child  under  six  months  from  mother.  It  shall 
be  unlawful  for  any  person  to  separate  or  aid  in  separating  any  child  under 
six  months  old  from  its  mother  for  the  purpose  of  placing  such  child  in  a 
foster  home  or  institution,  or  with  the  intent  of  removing  it  from  the  State 
for  such  purpose,  unless  the  consent  in  writing  for  such  separation  shall  have 
been  obtained  from  the  clerk  of  the  Superior  Court  and  county  health  officer 
of  the  county  in  which  the  mother  resides,  or  of  the  county  in  which  the  child 
was  born;  and  it  shall  be  unlawful  for  any  mother  to  surrender  her  child  for 
such  purpose  without  first  having  obtained  such  consent. 

Any  person  violating  this  section  shall,  upon  conviction,  be  fined  not 
exceeding  five  hundred  dollars  or  imprisoned  for  one  year,  or  both,  in  the 
discretion  of  the  court. 

Abandonment 

C.  S.  4447.  Abandonment  of  family  by  husband.  If  any  husband  shall 
willfully  abandon  his  wife  without  providing  adequate  support  for  such  wife, 
and  the  children  which  he  may  have  begotten  upon  her,  he  shall  be  guilty  of 
a  misdemeanor. 

C.  S.  4448.  Evidence  that  abandonment  was  willful.  If  the  fact  of 
abandonment  of  and  failure  to  provide  adequate  support  for  the  wife  and 
children  shall  be  proved,  or  while  being  with  such  wife,  neglect  by  the  hus¬ 
band  to  provide  for  the  adequate  support  of  such  wife  or  children  shall  be 
proved,  then  the  fact  that  such  husband  neglects  applying  himself  to  some 
honest  calling  for  the  support  of  himself  and  family,  and  is  found  sauntering 
about,  endeavoring  to  maintain  himself  by  gaming  or  other  undue  means,  or 
is  a  common  frequenter  of  drinking  houses,  or  is  a  known  common  drunkard, 
shall  be  presumptive  evidence  that  such  abandonment  and  neglect  is  willful. 

3 


34 


State  Laws  on  Public  Welfaee 


C.  S.  4449.  Order  of  support  from  husband’s  property  or  eaniings. 

Upon  any  conviction  for  abandonment,  any  judge  or  any  recorder  having 
jurisdiction  thereof  may,  in  his  discretion,  make  such  order  as  in  his  judg¬ 
ment  will  best  provide  for  the  support,  as  far  as  may  be  necessary,  of  the 
deserted  wife  or  children,  or  both,  from  the  property  or  labor  of  the 
defendant. 

C.  S.  4450.  Failure  of  husband  to  provide  adequate  support  for  family. 
If  any  husband,  while  living  with  his  wife,  shall  willfully  neglect  to  provide 
adequate  support  for  such  wife  or  children  which  he  has  begotten  upon  her, 
he  shall  be  guilty  of  a  misdemeanor. 

Adoption  of  Minors 

C.  S.  182.  Petition  for  adoption;  contents.  Any  person  desiring  to 
adopt  any  minor  child  may  file  a  petition  in  the  Superior  Court  of  the  county 
wherein  such  child  resides,  setting  forth  the  name  and  age  of  such  child  and 
the  name  of  its  parents,  whether  the  parents  or  either  of  them  are  living,  and 
if  there  is  no  living  parent,  the  name  of  the  guardian,  if  any,  and  if  there  is 
no  guardian,  the  name  of  the  preson  having  charge  of  the  child  or  with  whom 
such  child  resides,  the  amount  and  nature  of  the  child’s  estate,  if  any,  and 
especially  if  the  adoption  is  for  the  minority  or  for  the  life  of  the  child. 

C.  S.  183.  Parties  to  proceedings.  The  parent  or  guardian,  or  the 
person  having  charge  of  such  child,  or  with  whom  it  may  reside,  must  be 
a  party  of  record  in  this  proceeding. 

C.  S.  184.  Order  and  letters  of  adoption.  Upon  the  filing  of  such  peti¬ 
tion,  and  with  the  consent  of  the  parent  or  parents,  if  living,  or  of  the 
guardian,  if  any,  or  of  the  person  with  whom  such  child  resides,  or  who  may 
have  charge  of  such  child,  the  court  may,  if  the  petitioner  is  a  proper  and 
suitable  person,  sanction  and  allow  such  adoption  by  an  order  granting  let¬ 
ters  of  adoption. 

C.  S.  185.  Effect  of  oixler;  child’s  light  of  succession.  Such  order, 
when  made,  shall  have  the  effect  forthwith  to  establish  the  relation  of  parent 
and  child  between  the  petitioner  and  the  child  during  minority  or  for  life 
of  such  child,  according  to  the  prayer  of  the  petition,  with  all  the  duties, 
powers  and  rights  belonging  to  the  relationship  of  parent  and  child,  and  in 
case  the  adoption  be  for  the  life  of  the  child,  and  the  petitioner  die  intestate, 
such  order  shall  have  the  further  effect  to  enable  such  child  to  inherit  the 
real  estate  and  entitle  it  to  the  personal  estate  of  the  petitioner  in  the  same 
manner  and  to  the  same  extent  such  child  would  have  been  entitled  to  if 
such  child  had  been  the  actual  child  of  the  person  adopting  it.  The  child 
shall  not  inherit  and  be  entitled  to  the  personal  estate,  if  the  petitioner 
especially  sets  forth  in  his  petition  such  to  be  his  desire  and  intention. 

C.  S.  186.  Change  of  child’s  name.  For  proper  cause  shown  in  the 
petition  the  court  may  decree  that  the  name  of  the  child  shall  be  changed  to 
that  of  the  petitioner. 

C.  S.  187.  Bond  to  secure  orphan’s  property.  If  the  child  is  an  orphan 
and  without  guardian,  and  possesses  any  estate,  the  court  shall  require  from 
the  petitioner  such  bond  as  is  required  by  law  to  be  given  by  guardians. 

C.  S.  188.  Record  of  order;  revocation.  The  order  granting  letters  of 
adoption  shall  be  recorded  in  the  office  of  the  clerk  of  the  Superior  Court  of 
the  county  in  which  it  is  made,  and  may  be  revoked  at  any  time  by  the  court 
for  good  cause  shown. 


State  Laws  on  Public  Welfare 


f‘]5 


C.  S.  189.  Abandonment  by  pai*ent;  custody  forfeited.  In  all  cases 
w  ere  the  parent  or  parents  of  any  child  has  willfully  abandoned  the  care, 
custody,  nurture  and  maintenance  of  the  child  to  kindred,  relatives  or  other 
persons,  such  parent  or  parents  shall  be  deemed  to  have  forfeited  all  rights 
and  privileges  with  respect  to  care,  custody  and  services  to  such  child. 

C.  S.  190.  Restoration  of  parent’s  rights.  The  rights  and  privileges  of 
such  parent  may  be  restored  by  the  voluntary  surrender  of  such  child  by  the 
person  in  whose  care  and  custody  such  child  may  be,  or  by  order  of  any  judge 
of  the  Superior  Court  in  the  district  in  which  such  child  may  be  when  it 
appears  to  the  satisfaction  of  such  judge  that  the  interest  and  welfare  of 
such  child  will  not  be  materially  prejudiced  by  such  restoration.  The  person 
having  the  care  and  custody  of  any  such  child  shall  have  at  least  ten  days 
notice  of  the  time  and  place  of  the  hearing  of  the  application  for  such  order 
of  restoration,  and  shall  be  permitted  to  resist  the  same. 

C.  S.  191.  Procuring  possession  of  child  unlawfully.  Any  parent  whose 
rights  and  privileges  have  been  forfeited  as  provided  by  the  second  preceding 
section,  who  shall  procure  the  possession  and  custody  of  such  child,  with 
respect  to  whom  his  rights  and  privileges  are  forfeited,  otherwise  than  as  by 
law  provided,  shall  be  guilty  of  a  crime  and  shall  be  punished  as  for  abduc¬ 
tion. 

Guardian  and  Ward 

Art.  1.  Jurisdiction  in  Matter  of  Guardianship 

C.  S.  2150.  Jurisdiction  in  clerk  of  Supeiior  Court.  The  clerks  of  the 
Superior  Court  within  their  respective  counties  have  full  power,  from  time  to 
time,  to  take  cognizance  of  all  matters  concerning  orphans  and  their  estates, 
and  to  appoint  guardians  in  all  cases  of  infants,  idiots,  lunatics,  inebriates, 
and  inmates  of  the  Caswell  Training  School. 


Art.  .2.  Creation  and  Terminati07i  of  Guardianship 

C.  S.  2151,  amended  by  Chap.  21,  Public  Laws  Extra  Session  1920.  Ap¬ 
pointment  by  parents;  effect;  powers  and  duties  of  guardian.  Any  father, 
though  he  be  a  minor,  may,  by  deed  executed  in  his  lifetime  and  with  the 
written  consent  and  privy  examination  of  the  mother,  if  she  be  living,  or  by 
his  last  will  and  testament  in  writing,  if  the  mother  be  dead,  dispose  of  the 
custody  and  tuition  of  any  of  his  infant  children,  being  unmarried,  and 
whether  born  at  his  death  or  in  ventre  sa  mere,  for  such  time  as  the  children 
may  remain  under  twenty-one  years  of  age,  or  for  any  less  time.  Or  in  case 
the  father  is  dead  and  has  not  exercised  his  said  right  of  appointment,  or  has 
willfully  abandoned  his  wife,  then  the  mother,  whether  of  full  age  or  minor, 
may  do  so.  Every  such  appointment  shall  be  good  and  effectual  against  any 
person  claiming  the  custody  and  tuition  of  such  child  or  childien.  Every 
guardian  by  deed  or  will  shall  have  the  same  powers  and  rights  and  be 
subject  to  the  same  liabilities  and  regulations  as  other  guardians. 


C.  S.  2152.  Natural  guaiTlianshii)  on  death  of  father.  In  case  of  the 
death  of  the  father  of  an  infant,  the  mother  of  such  child  surviving  such 
father  shall  immediately  become  the  natural  guardian  of  such  child  to  the 
same  extent  and  in  the  same  manner,  plight  and  condition  as  the  father 
would  be  if  living;  and  the  mother  in  such  case  shall  have  all  the  powers, 
rights  and  privileges,  and  be  subject  to  all  the  duties  and  obligations  ot  a 
natural  guardian.  But  this  shall  not  be  construed  as  abridging  the  powers 
of  the  courts  over  minors  and  their  estates  and  to  the  appointment  o 

guardians. 


36 


State  Laws  on  Public  Welfare 


C.  S.  2153.  Appointment  on  divorce  of  parents.  When  parents  are 
divorced  and  a  child  is  entitled  to  any  estate,  the  court  granting  the  divorce 
must  certify  that  fact  to  the  clerk  of  the  Superior  Court,  to  the  end  that  he 
may  appoint  a  fit  and  proper  person  to  take  the  care  and  management  of  such 
estate,  whose  powers  and  duties  shall  be  the  same  in  all  respects  as  other 
guardians,  except  that  a  guardian  so  appointed  shall  not  have  any  authority 
over  the  person  of  such  child,  unless  the  guardian  be  the  father  or  mother. 

C.  S.  2154.  Appointment  when  father  living.  The  clerk  of  the  Supe¬ 
rior  Court  may  appoint  a  guardian  of  the  estate  of  any  minor,  although  the 
father  of  such  minor  be  living.  And  the  guardian  so  appointed  shall  be 
governed  in  all  respects  by  the  laws  relative  to  guardians  of  the  estate  in 
other  cases,  but  shall  have  no  authority  over  the  person  of  such  minor. 

C.  S.  2155.  Separate  appointment  for  person  and  estate;  yearly  sup¬ 
port  specified;  payments  allowed  in  accounting.  Instead  of  granting  gen¬ 
eral  guardianship  to  one  person,  the  clerk  of  the  Superior  Court  may  commit 
the  tuition  and  custody  of  the  person  to  one  and  the  charge  of  his  estate  to 
another,  whenever  and  at  any  time  during  minority,  inebriety,  idiocy  or 
lunacy,  it  appears  most  conducive  to  the  proper  care  of  the  orphan's,  inebri¬ 
ate's,  idiot’s,  or  lunatic’s  estate,  and  to  his  suitable  maintenance,  nurture 
and  education.  In  such  cases  the  clerk  must  order  what  yearly  sums  of 
money  or  other  provisions  shall  be  allowed  for  the  support  and  education  of 
the  orphan,  or  for  the  maintenance  of  the  idiot,  lunatic  or  inebriate,  and 
must  prescribe  the  time  and  manner  of  paying  the  same;  but  such  allowance 
may,  upon  application  and  satisfactory  proof  made,  be  reduced  or  enlarged, 
or  otherwise  modified,  as  the  ward’s  condition  in  life  and  the  kind  and  value 
of  his  estate  may  require.  All  payments  made  by  the  guardian  of  the  estate 
to  the  tutor  of  the  person,  according  to  any  such  order,  shall  be  deemed  just 
disbursements  and  be  allowed  in  the  settlement  of  his  accounts;  but  for  the 
payment  thereof  by  the  one  and  the  receipt  thereof  by  the  .other  merely,  no 
commissions  shall  be  allowed  to  either,  though  commissions  may  be  allowed 
to  the  tutor  of  the  person  on  his  disbursements  only. 

C.  S.  2156.  Proceedings  on  aiiplication  for  guardianship.  On  applica¬ 
tion  to  any  clerk  of  the  Superior  Court  for  the  custody  and  guardianship  of 
any  infant,  idiot,  inebriate,  lunatic,  or  inmate  of  the  Caswell  Training 
School,  it  is  the  duty  of  such  clerk  to  inform  himself  of  the  circumstances  of 
the  case  on  the  oath  of  the  applicant,  or  of  any  other  person,  and  if  none  of 
the  relatives  of  the  infant,  idiot,  inebriate,  lunatic,  or  inmate  of  the*  Caswell 
Training  School  are  present  at  such  application,  the  clerk  must  assign,  or  for 
any  other  good  cause  he  may  assign,  a  day  for  the  hearing;  and  he  shall 
thereupon  direct  notice  thereof  to  be  given  to  such  of  the  relatives  and  to 
such  other  persons,  if  any,  as  he  may  deem  it  proper  to  notify.  On  the  hear¬ 
ing  he  shall  ascertain,  on  oath,  the  amount  of  the  property,  real  and  personal, 
of  the  infant,  idiot,  inebriate,  lunatic,  or  inmate  of  the  Caswell  Training 
School,  and  the  value  of  the  rents  and  profits  of  the  real  estate,  and  he  may 
grant  or  refuse  the  application,  or  commit  the  guardianship  to  some  other 
person,  as  he  may  think  best  for  the  interest  of  the  infant,  idiot,  inebriate, 
lunatic,  or  inmate  of  the  Caswell  Training  School. 

C.  S.  2157.  Letters  of  gTiai*diansliip.  The  clerk  of  the  Superior  Court 
must  issue  to  every  guardian  appointed  by  him  a  letter  of  appointment, 
which  shall  be  signed  by  him  and  sealed  with  the  seal  of  his  office. 


37 


State  Laws  on  Public  Welfare 

C.  S.  2158.  Removal  by  clerk.  The  clerks  of  the  Superior  Court  have 
power,  on  information  or  complaint  made,  at  all  times  to  remove  guardians 
and  appoint  successors,  to  make  and  establish  rules  for  the  better  ordering, 
managing  and  securing  infants'  estates,  and  for  the  better  education  and 
maintenance  of  wards;  and  it  is  their  duty  to  do  so  in  the  following  cases: 

1.  Where  the  guardian  wastes  or  converts  the  money  or  estate  of  the 
ward  to  his  own  use. 

2.  Where  the  guardian  in  any  manner  mismanages  the  estate. 

3.  Where  the  guardian  is  about  or  intends  to  marry  any  ward  in  dispar¬ 
agement. 

4.  Where  the  guardian  neglects  to  educate  or  maintain  the  ward  in  a 
manner  suitable  to  his  or  her  degree. 

5.  Where  the  guardian  is  legally  disqualified  to  act  as  a  person  would  be 
to  be  appointed  administrator. 

6.  Where  the  guardian  or  his  sureties  are  likely  to  become  insolvent  or 
nonresidents  of  the  State. 

C.  S.  2159.  Interlocutory  orders  on  revocation.  In  all  cases  where  the 
letters  of  a  guardian  are  revoked,  the  clerk  of  the  Superior  Court  may,  from 
time  to  time,  pending  any  controversy  in  respect  to  such  removal,  make  such 
interlocutory  orders  and  decrees  as  will  tend  to  the  better  securing  the 
estate  of  the  ward,  or  other  party  seeking  relief  by  such  revocation. 

C.  S.  2160.  Resignation;  effect;  accounting  on  resignation.  Any  guard¬ 
ian  wishing  to  resign  his  trust  may  apply  in  writing  to  the  Superior  Court, 
setting  forth  the  circumstances  of  his  case.  If,  at  the  time  of  making  the 
application,  he  also  exhibits  his  final  account  for  settlement,  and  if  the  clerk 
of  the  Superior  Court  is  satisfied  that  the  guardian  has  been  faithful  and 
has  truly  accounted,  and  if  a  competent  person  can  be  procured  to  succeed 
in  the  guardianship,  the  clerk  of  the  Superior  Court  may  accept  the  resigna¬ 
tion  of  the  guardian  and  discharge  him  from  the  trust.  But  the  guardian  so 
discharged  and  his  sureties  are  still  liable  in  relation  to  all  matters  con¬ 
nected  with  the  trust  before  the  resignation. 

Art.  3.  Guardian' s  Bond 

C.  S.  2161.  Bond  to  be  given  before  receiving  property.  No  guardian 
appointed  for  an  infant,  idiot,  lunatic,  insane  person  or  inebriate,  shall  be 
permitted  to  receive  property  of  the  infant,  lunatic,  idiot,  insane  person  or 
inebriate  until  he  shall  have  given  sufficient  security,  approved  by  a  judge, 
or  the  court,  to  account  for  and  apply  the  same  under  the  direction  of  the 
court. 

C.  S.  2162.  Tenns  and  conditions  of  bond;  increased  on  sale  of  realty. 
Every  guardian  of  the  estate,  before  letters  of  appointment  are  issued  to  him, 
must  give  a  bond  payable  to  the  State,  with  two  or  more  sufficient  sureties, 
to  be  acknowledged  before  and  approved  by  the  clerk  of  the  Superior  Court, 
and  to  be  jointly  and  severally  bound.  The  penalty  in  such  bond  must  be 
double,  at  least,  the  value  of  all  personal  property  and  the  rents  and  profits 
issuing  from  the  real  estate  of  the  infant,  which  value  is  to  be  ascertained  by 
the  clerk  of  the  Superior  Court  by  the  examination,  on  oath,  of  the  applicant 
for  guardianship,  or  of  any  other  person.  The  bond  must  be  conditioned  that 
such  guardian  shall  faithfully  execute  the  trust  reposed  in  him  as  such,  and 
obey  all  lawful  orders  of  the  clerk  or  judge  touching  the  guardianship  of  the 


38 


State  Laws  on  Public  Welfake 


estate  committed  to  him.  If,  on  application  by  the  guardian,  the  court  or 
judge  shall  decree  a  sale  for  any  of  the  causes  prescribed  by  law  of  the  prop¬ 
erty  of  such  infant,  idiot,  lunatic,  or  insane  person,  before  such  sale  be  con¬ 
firmed,  the  guardian  shall  be  required  to  file  a  bond  as  now  required  in 
double  the  amount  of  the  real  property  so  sold. 

C.  S.  2163.  To  be  recorded  in  clerk’s  office;  action  on  bond.  The  bond 
so  taken  shall  be  recorded  in  the  office  of  the  clerk  of  the  Superior  Court 
appointing  the  guardian;  and  any  person  injured  by  a  breach  of  the  condi¬ 
tion  thereof  may  prosecute  a  suit  thereon,  as  in  other  actions. 

C.  S.  2164.  AVhere  several  waixls  with  estate  in  common,  one  bond  siif- 
licient.  When  the  same  person  is  appointed  guardian  to  two  or  more 
minors,  idiots,  lunatics  or  insane  persons  possessed  of  one  estate  in  common, 
the  clerk  of  the  Superior  Court  may  take  one  bond  only  in  such  case,  upon 
which  each  of  the  minors  or  persons  for  whose  benefit  the  bond  is  given,  or 
their  heirs  or  personal  representatives,  may  have  a  separate  action. 

C.  S.  2165.  Renewal  of  bond  every  three  years;  enforcing  renewal. 
Every  guardian  shall  renew  his  bond  before  the  clerk  of  the  Superior  Court 
every  three  years,  during  the  continuance  of  the  guardianship.  The  clerk  of 
the  Superior  Court  shall  issue  a  citation  against  every  guardian  failing  to 
renew  his  bond,  requiring  such  guardian  to  renew  his  bond  within  twenty 
days  after  service  of  the  citation;  and  on  return  of  the  citation  duly  served 
and  failure  of  the  guardian  to  comply  therewith,  the  clerk  shall  remove  him 
and  appoint  a  successor. 

C.  S.  2166.  Relief  of  endangered  sureties.  Any  surety  of  a  guardian, 
who  is  in  danger  of  sustaining  loss  by  his  suretyship,  may  file  his  complaint 
before  the  clerk  of  the  Superior  Court  where  the  guardianship  was  granted, 
setting  forth  the  circumstances  of  his  case  and  demanding  relief;  and  there¬ 
upon  the  guardian  shall  be  required  to  answer  the  complaint  within  twenty 
days  after  service  of  the  summons.  If,  upon  the  hearing,  the  clerk  of  the 
Superior  Court  deem  the  surety  entitled  to  relief,  the  same  may  be  granted 
by  compelling  the  guardian  to  give  a  new  bond,  or  to  indemnify  the  surety 
against  apprehended  loss,  or  by  the  removal  of  the  guardian  from  his  trust; 
and  in  case  the  guardian  fail  to  give  a  new  bond  or  security  to  indemnify 
when  required  to  do  so  within  reasonable  time,  the  clerk  of  the  Superior 
Court  must  enter  a  peremptory  order  for  his  removal,  and  his  authority  as 
guardian  shall  thereupon  cease. 

C.  S.  2167.  Liability  of  clerk  for  taking  insufficient  boml.  If  any  clerk 
of  the  Superior  Court  shall  commit  the  estate  of  an  infant,  idiot,  lunatic, 
insane  person  or  inebriate  to  the  charge  or  guardianship  of  any  person  with¬ 
out  taking  good  and  sufficient  security  for  the  same  as  directed  by  law,  such 
clerk  shall  be  liable,  on  his  official  bond,  at  the  suit  of  the  party  aggrieved, 
for  all  loss  and  damages  sustained  for  want  of  security  being  taken;  but  if 
the  sureties  were  good  at  the  tim'e  of  their  being  accepted,  the  clerk  of  the 
Superior  Court  shall  not  be  liable. 

C.  S.  2168.  Liability  of  clerk  for  other  defaults.  If  any  clerk  of  the 
Superior  Court  shall  willfully  or  negligently  do,  or  omit  to  do,  any  other  act 
prohibited,  or  other  duty  imposed  on  him  by  law,  by  which  act  or  omission 
the  estate  of  any  ward  suffers  damage,  he  shall  be  liable  therefor  as  directed 
in  the  preceding  section. 


State  Laws  ok  Public  Welfare 


39 


Akt.  4.  Poicers  and  Duties  of  Guardian 

C.  S.  2169.  To  take  charge  of  estate.  Every  guardian  shall  take  pos¬ 
session,  for  the  use  of  the  ward,  of  all  his  estate,  and  may  bring  all  necessary 
actions  therefor. 

C.  S.  2170.  To  sell  perishable  goods  on  order  of  clerk.  Every  guardian 
shall  sell,  by  order  of  the  clerk  of  the  Superior  Court,  all  such  goods  and 
chattels  of  his  ward  as  may  be  liable  to  perish  or  be  the  worse  for  keeping. 
Every  such  order  shall  be  entered  in  the  order  record  of  the  Superior  Court 
and  must  contain  a  descriptive  list  of  the  property  to  be  sold,  with  the  terms 
of  sale. 


C.  S.  2171.  How  sales  and  rentals  made.  All  sales  and  rentings  by 
guardians  shall  be  publicly  made,  between  the  hours  of  ten  o’clock  a.  m.  and 
four  o’clock  p.  m.,  after  twenty  days  notice,  posted  at  the  courthouse  and 
four  other  public  places  in  the  county.  But,  upon  petition  by  the  guardian, 
the  clerk  of  the  Superior  Court  of  the  county  in  which  the  land  of  the  ward 
is  situated,  or  of  the  county  wherein  the  guardian  has  qualified,  may  make  an 
order,  on  satisfactory  evidence,  upon  the  oath  of  at  least  two  disinterested 
freeholders  acquainted  with  the  said  land,  that  the  best  interests  of  the  said 
ward  will  be  subserved  by  a  private  renting  of  said  land,  allowing  the  guard¬ 
ian  to  rent  the  land  privately.  The  terms  of  all  such  rentings  shall  be 
reported  to  said  clerk  of  the  Superior  Court  and  be  approved  by  him.  In 
cases  where  guardians  have^  heretofore  rented  their  ward’s  land  at  private 
rentings  in  good  faith  and  for  the  benefit  of  the  ward’s  estate,  they  shall  not 
be  liable  to  the  penalty  heretofore  prescribed  by  law.  The  proceeds  of  all 
sales  of  personal  estate  and  rentings  of  real  property,  except  the  rentings  of 
lands  leased  for  agricultural  purposes,  when  not  for  cash,  shall  be  secured  by 
bond  and  good  security. 


C.  S.  2172.  When  lands  may  be  leased.  The  guardian  may  lease  the 
lands  of  an  infant  for  a  term  not  exceeding  the  end  of  the  current  year  in 
which  the  infant  shall  come  of  age,  or  die  in  nonage.  But  no  guardian,  with¬ 
out  leave  of  the  clerk  of  the  Superior  Court,  shall  lease  any  land  of  his  ward 
without  impeachment  of  waste,  or  for  a  term  of  more  than  three  years,  unless 
at  a  rent  not  less  than  three  per  centum  on  the  assessed  taxable  value  of  the 
land. 


C.  S.  2173.  When  guardians  to  cultivate  lands  of  wards.  Where  any 
parent  of  a  minor  child  qualifies  as  guardian  of  such  child,  and  the  waid 
owns  or  is  entitled  to  the  possession  of  any  real  estate  used  or  which  may  be 
used  for  agricultural  purposes,  such  guardian  may  make  application  to  the 
clerk  of  the  Superior  Court  of  the  county  wherein  the  land  is  situate  for  per¬ 
mission  to  cultivate  it,  and  the  petition  shall  set  forth  the  nature,  extent  and 
location  of  the  same.  It  shall  then  be  the  duty  of  the  clerk  to  appoint  three 
disinterested  resident  freeholders,  who  shall  go  upon  the  land  and,  after 
being  sworn  to  act  impartially,  assess  the  annual  rental  value  thereof.  The 
commissioners  shall  report  their  proceedings  and  findings  to  the  clerk  within 
ten  days  after  the  notification  of  their  appointment,  and  if  the  clerk  shall 
deem  the  same  to  be  the  interest  of  the  ward  he  shall  make  an  order  allow¬ 
ing  the  guardian  to  cultivate  the  land  for  a  term  not  exceeding  three  years 
at  the  annual  rental  value  assessed  by  the  commissioners  to  be  paid  to  the 
ward  bv  the  guardian.  The  term,  however,  shall  not  extend  beyond  the 
minority  of  the  minor.  The  commissioners  shall  receive  as  compensation  for 
said  services  the  same  fees  as  are  allowed  commissioners  in  partition  ot 

real  estate. 


40 


State  Laws  on  Public  Welfare 


C.  S.  2174.  When  timber  may  be  sold.  In  case  the  land  cannot  be 
rented  for  enough  to  pay  the  taxes  and  other  dues  thereof,  and  theie  is  not 
money  sufficient  for  that  purpose,  the  guardian,  with  the  consent  of  the  clerk 
of  the  Superior  Court,  may  annually  dispose  of  or  use  so  much  of  the  light- 
wood,  and  box  or  rent  so  many  pine  trees,  or  sell  so  much  of  the  timber  on 
the  same,  as  may  raise  enough  to  pay  the  taxes  and  other  duties  thereon,  and 
no  more, 

C.  S.  2175.  Plate  and  jewelry  to  be  kept.  All  plate  and  jewelry  shall 
be  preserved  and  delivered  to  the  ward  at  age,  in  kind,  according  to  weight 
and  quantity. 

C.  S.  2176.  Personal  representative  of  guardian  to  pay  over  to  clerk. 
In  all  cases  where  a  guardian  of  any  minor  child  or  of  an  idiot,  lunatic, 
inebriate  or  insane  person  dies,  it  is  competent  for  the  executor  or  adminis¬ 
trator  of  such  deceased  guardian,  at  any  time  after  the  grant  of  letters  testa¬ 
mentary  or  of  administration,  to  pay  into  the  office  of  the  clerk  of  the 
Superior  Court  of  the  county  where  such  deceased  guardian  was  appointed, 
any  moneys  belonging  to  any  such  minor  child,  idiot,  lunatic,  insane  person 
or  inebriate,  and  any  such  payment  shall  have  the  effect  to  discharge  the 
estate  of  said  deceased  guardian  and  his  sureties  upon  his  guardian  bond  to 
the  extent  of  the  amount  so  paid. 

C.  S.  2177.  Collection  of  claims;  duty  and  liability.  Every  guardian 
shall  diligently  endeavor  to  collect,  by  all  lawful  means,  all  bonds,  notes, 
obligations  or  moneys  due  his  ward  when  any  debtor  or  his  sureties  are 
likely  to  become  insolvent,  on  pain  of  being  liable  for  the  same. 

C.  S.  2178.  Liability  for  lands  sold  for  taxes.  If  any  guardian  suffer 
his  ward’s  lands  to  lapse  or  become  forfeited  or  be  sold  for  nonpayment  of 
taxes  or  other  dues,  he  shall  be  liable  to  answer  for  the  full  value  thereof  to 
his  ward, 

C.  S.  2179.  Liability  for  costs.  All  fees  and  costs  of  the  Superior 
Court  for  issuing  orders,  citations,  summonses  or  other  process  against 
guardians  for  their  supposed  defaults  shall  be  paid  by  the  party  found  in 
default. 

Art.  5.  Sales  of  Ward’s  Estate 

C.  S,  2180.  Special  proceedings  to  sell;  judge’s  approval  required.  On 
application  of  the  guardian  by  petition,  verified  upon  oath,  to  the  Superior 
Court,  showing  that  the  interest  of  the  ward  would  be  materially  promoted 
by  the  sale  or  mortgage  of  any  part  of  his  estate,  real  or  personal,  the  pro¬ 
ceeding  shall  be  conducted  as  in  other  cases  of  special  proceedings;  and  the 
truth  of  the  matter  alleged  in  the  petition  being  ascertained  by  satisfactory 
proof,  a  decree  may  thereupon  be  made  that  a  sale  or  mortgage  be  had  by 
such  person,  in  such  way  and  on  such  terms  as  may  be  most  advantageous  to 
the  interest  of  the  ward;  but  no  sale  or  mortgage  shall  be  made  until 
approved  by  the  judge  of  the  court,  nor  shall  the  same  be  valid,  nor  any  con¬ 
veyance  of  the  title  made,  unless  confirmed  and  directed  by  the  judge,  and 
the  proceeds  of  the  sale  or  mortgage  shall  be  exclusively  applied  and 
secured  to  such  purposes  and  on  such  trusts  as  the  judge  shall  specify.  The 
guardian  may  not  mortgage  the  property  of  his  ward  for  a  term  of  years 
exceeding  the  minority  of  the  ward.  The  word  “mortgage”  wherever  used 
herein  shall  be  construed  to  include  deeds  in  trust. 


41 


State  Laws  on  Public  AVelfare 

C.  S.  2181.  Fund  from  sale  has  character  of  estate  sold  and  subiect 

TXT  ^  _ _ " 


sold;  and  in  all  such  cases  of  sale,  whereby  real  is  substituted  by  personal 
or  personal  by  real  property,  the  beneficial  interest  in  the  property  acquired 
shall  be  enjoyed,  alienated,  devised  or  bequeathed,  and  shall  descend  and  be 
distributed,  as.  by  law  the  property  sold  might  and  would  have  been  had  it 
not  been  sold,  until  it  be  reconverted  from  the  character  thus  impressed  upon 
It  by  some  act  of  the  owner  and  restored  to  its  character  proper. 

C.  S.  2182.  Sale  of  wall’s  estate  to  make  assets.  When  a  guardian 
has  notice  of  a  debt  or  demand  against  the  estate  of  his  ward,  he  may  apply 
by  petition,  setting  forth  the  facts,  to  the  clerk  of  the  Superior  Court  wherein 
the  guardianship  was  granted,  for  an  order  to  sell  so  much  of  the  personal 
or  real  estate  as  may  be  sufficient  to  discharge  such  debt  or  demand ;  and 
the  order  of  the  court  shall  particularly  specify  what  property  is  to  be  sold 
and  the  terms  of  sale;  but  no  real  estate  shall  be  sold  under  this  section,  in 
any  case,  without  the  revision  and  confirmation  of  the  order  therefor  by  the 
judge  of  the  Superior  Court.  The  proceeds  of  sale  under  this  section  shall 
be  considered  as  assets  in  the  hands  of  the  guardian  for  the  benefit  of 
creditors,  in  like  manner  as  assets  in  the  hands  of  a  personal  representative; 
and  the  same  proceedings  may  be  had  against  the  guardian  with  respect  to 
such  assets  as  might  be  taken  against  an  executor,  administrator  or  collector 
in  similar  cases. 


Art.  6.  Returns  and  Accounting 


C.  S.  2183.  Return  within  three  months.  Every  guardian,  within  three 
months  after  his  appointment,  shall  exhibit  an  account,  upon  oath,  of  the 
estate  of  his  ward,  to  the  clerk  of  the  Superior  Court;  but  such  time  may  be 
extended  by  the  clerk  of  the  Superior  Court,  on  good  cause  shown,  not 
exceeding  six  months. 

C.  S.  218  4.  Procedure  to  comiJel  retuni.  In  cases  of  default  to  exhibit 
the  return  required  by  the  preceding  section,  the  clerk  of  the  Superior  Court 
must  issue  an  order  requiring  the  guardian  to  file  such  return  forthwith,  or 
to  show  cause  why  an  attachment  should  not  issue  against  him.  If,  after 
due  service  of  the  order,  the  guardian  does  not,  on  the  return  day  of  the 
order,  file  such  return,  or  obtain  further  time  to  file  the  same,  the  clerk  of 
the  Superior  Court  shall  issue  an  attachment  against  him,  and  commit  him 
to  the  common  jail  of  the  county  till  he  files  such  return. 

C.  S.  2185.  Additional  assets  to  be  retui'ne<l.  Whenever  further  prop¬ 
erty  of  any  kind,  not  included  in  any  previous  return,  comes  to  the  hands 
or  knowledge  of  any  guardian,  he  must  cause  the  same  to  be  returned  within 
three  months  after  the  possession  or  discovery  thereof;  and  the  making  of 
such  return  of  new  assets,  from  time  to  time,  may  be  enforced  in  the  same 
manner  as  prescribed  in  the  preceding  section. 

C.  S.  218  6.  Annual  accounts.  Every  guardian  shall,  within  twelve 
months  from  the  date  of  his  qualification  or  appointment,  and  annually, 
so  long  as  any  of  the  estate  remains  in  his  control,  file  in  the  office  of  the 
clerk  of  the  Superior  Court  an  inventory  and  account,  under  oath,  of  the 
amount  of  property  received  by  him,  or  invested  by  him,  and  the  manner  and 
nature  of  such  investment,  and  his  receipts  and  disbursements  for  the  past 


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State  Laws  on  Public  Welfare 


year  in  the  form  of  debit  and  credit.  He  must  produce  vouchers  for  all  pay¬ 
ments.  The  clerk  of  the  Superior  Court  may  examine  on  oath  such  account¬ 
ing  party,  or  any  other  person,  concerning  the  receipts,  disbursements  or 
any  other  matter  relating  to  the  estate;  and  having  carefully  revised  and 
audited  such  account,  if  he  approve  the  same,  he  must  indorse  his  approval 
thereon,  which  shall  be  deemed  prima  facie  evidence  of  correctness. 

C.  S.  2187.  Procedure  to  compel  accounting.  If  any  guardian  omit  to 
account,  as  directed  in  the  preceding  section,  or  renders  an  insufficient  and 
unsatisfactory  account,  the  clerk  of  the  Superior  Court  shall  forthwith  order 
such  guardian  to  render  a  full  and  satisfactory  account,  as  required  by  law, 
within  twenty  days  after  service  of  the  order.  Upon  return  of  the  order,  duly 
served,  if  such  guardian  fail  to  appear  or  refuse  to  exhibit  such  account,  the 
clerk  of  the  Superior  Court  may  issue  an  attachment  against  him  for  con¬ 
tempt  and  commit  him  till  he  exhibits  such  account,  and  may  likewise  remove 
him  from  office. 

C.  S.  2188.  Final  account.  A  guardian  may  be  required  to  file  such 
account  at  any  time  after  six  months  from  the  ward’s  coming  of  full  age  or 
the  cessation  of  the  guardianship;  but  such  account  may  be  filed  voluntarily 
at  any  time,  and,  whether  the  accounting  be  voluntary  or  compulsory,  it  shall 
he  audited  and  recorded  by  the  clerk  of  the  Superior  Court. 

C.  S.  2189.  Expenses  and  disbursements  credited  to  guardian.  Every 
guardian  may  charge  in  his  annual  account  all  reasonable  disbursements 
and  expenses;  and  if  it  appear  that  he  has  really  and  hona  fide  disbursed 
more  in  one  year  than  the  profits  of  the  ward’s  estate,  for  his  education  and 
maintenance,  the  guardian  shall  be  allowed  and  paid  for  the  same  out  of  the 
profits  of  the  estate  in  any  other  year;  but  such  disbursements  must,  in  all 
cases,  be  suitable  to  the  degree  and  circumstances  of  the  estate  of  the  ward. 

C.  S.  2190.  Commissions.  The  Superior  Court  shall  allow  commis¬ 
sions  to  the  guardian  for  his  time  and  trouble  in  the  management  of  the 
ward’s  estate,  in  the  same  manner  and  under  the  same  rules  and  restrictions 
as  allowances  are  made  to  executors,  administrators  and  collectors. 

Art.  7.  PuMic  Guardians 

C.  S.  2191.  Appointment;  tenn;  oath.  There  may  be  in  every  county 
a  public  guardian,  to  be  appointed  by  the  clerk  of  the  Superior  Court  for 
a  term  of  eight  years.  The  public  guardian  shall  take  and  subscribe  an  oath 
(or  affirmation)  faithfully  and  honestly  to  discharge  the  duties  imposed 
upon  him;  the  oath  so  taken  and  subscribed  shall  be  filed  in  the  office  of  the 
clerk  of  the  Superior  Court. 

C.  S.  2192.  Bond  of  public  guardian;  increasing  bond.  The  public 
guardian  shall  enter  into  bond  with  three  or  more  sureties,  approved  by  the 
clerk  in  the  penal  sum  of  six  thousand  dollars,  payable  to  the  State  of  North 
Carolina,  conditioned  faithfully  to  perform  the  duties  of  his  office  and  obey 
all  lawful  orders  of  the  Superior  or  other  courts  touching  said  guardianship 
of  all  wards,  money  or  estate  that  may  come  into  his  hands.  Whenever  the 
aggregate  value  of  the  real  and  personal  estate  belonging  to  his  several 
wards  exceeds  one-half  the  bond  herein  required  the  clerk  of  the  Superior 
Court  shall  require  him  to  enlarge  his  bond  in  amount  so  as  to  cover  at  least 
double  the  aggregate  amount  under  his  control  as  guardian. 


State  Laws  on  Public  Welfare 


43 


C.  S.  219  3.  Powers,  duties,  liabilities,  compensation.  The  powers  and 
duties  of  said  public  guardian  shall  be  the  same  as  other  guardians,  and  he 
shall  be  subject  to  the  same  liabilities  as  other  guardians  under  the  existing 
laws,  and  shall  receive  the  same  compensation  as  other  guardians. 

C.  S.  2194.  AVhen  letters  issue  to  public  guardian.  The  public  guardian 
shall  apply  for  and  obtain  letters  of  guardianship  in  the  following  cases: 

1.  When  a  period  of  six  months  has  elapsed  from  the  discovery  of  any 
property  belonging  to  any  minor,  idiot,  lunatic,  insane  person  or  inebriate, 
without  guardian. 

2.  When  any  person  entitled  to  letters  of  guardianship  shall  request  in 
writing  the  clerk  of  the  Superior  Court  to  issue  letters  to  the  public  guardian; 
but  it  is  lawful  and  the  duty  of  the  clerk  of  the  Superior  Court  to  revoke 
said  letters  of  guardianship  at  any  time  after  issuing  the  same  upon  applica¬ 
tion  in  writing  by  any  person  entitled  to  qualify  as  guardian,  setting  forth 
a  sufficient  cause  for  such  revocation. 


Art.  8.  For'eign  Guardians 

C.  S.  219  5.  Right  to  removal  of  ward’s  personalty  from  State.  Where 
any  ward,  idiot,  lunatic  or  insane  person,  residing  in  another  state  or  terri¬ 
tory,  or  in  the  District  of  Columbia,  or  Canada,  or  other  foreign  country,  is 
entitled  to  any  personal  estate  in  this  State,  or  personal  property  substi¬ 
tuted  for  realty  by  decree  of  court,  or  to  any  money  arising  from  the  sale  of 
real  estate,  whether  the  same  be  in  the  hands  of  any  guardian  residing  in 
this  State,  or  of  any  executor,  administrator  or  other  person  holding  for  the 
ward,  idiot,  lunatic,  or  insane  person,  or  if  the  same  (not  being  adversely 
held  and  claimed)  be  not  in  the  lawful  possession  or  control  of  any  person, 
the  guardian  of  the  ward,  idiot,  lunatic  or  insane  person,  duly  appointed  at 
the  place  where  such  ward,  idiot,  lunatic  or  insane  person  resides,  may 
apply  to  have  such  estate  removed  to  the  residence  of  the  ward,  idiot,  lunatic 
or  insane  person  by  petition  filed  before  the  clerk  of  the  Superior  Court  of 
the  county  in  which  the  property  or  some  portion  thereof  is  situated;  which 
shall  be  proceeded  with  as  in  other  cases  of  special  proceedings. 

C.  S.  219  6.  Contents  of  petition;  parties  defendant.  The  petitioner 
must  show  to  the  court  a  copy  of  his  appointment  as  guardian  and  bond  dul> 
authenticated,  and  must  prove  to  the  court  that  the  bond  is  sufficient,  as 
well  in  the  ability  of  the  sureties  as  in  the  sum  mentioned  therein,  to  secure 
all  the  estate  of  the  ward  wherever  situated.  Any  person  may  be  made  a 
party  defendant  to  the  proceeding  who  may  be  made  a  party  defendant  in 
civil  actions  under  the  provisions  of  the  chapter  entitled  Civil  Procedure. 


Art.  9.  Estates  Without  Guardum 

C  S  2197  Duty  of  grand  jury  ns  to  orphans  and  guaidiaiis.  The 
grand  jury  of  every  county  is  charged  with  and  shall  present  to  the  Superior 
Court  the  names  of  all  orphan  children  that  have  no  guardian  or  are  not 
boind  out  toLme  trade  or  employment.  They  shall  lurther  inquire  ot  al 
abuses,  mismanagement  and  neglect  of  all  such  f 

bv  the  clerk  of  the  Superior  Court.  The  clerk  ot  the  Supeiior  Court  shall 
at  each  term  of  the  Superior  Court,  lay  before  the  grand  jury  a  list 
the  guardians  acting  in  his  county  or  appointed  by  1 

C  S  219  8  Solicitor  to  apply  for  receiver  for  orphans’  estates.  When- 


44 


State  Laws  on  Public  Welfare 


give  notice  thereof  forthwith  to  the  solicitor  of  the  State  for  the  judicial 
district,  who  shall  apply  in  behalf  of  the  orphan  to  the  judge  of  the  Superior 
Court  of  the  county  where  such  presentment  was  made,  to  the  end  that  a 
receiver  be  appointed. 

C.  S.  2199.  Solicitor  to  prosecute  bond  of  guardian  removed  without 
a  successor.  Whenever  any  guardian  is  removed,  and  no  person  is  ap¬ 
pointed  to  succeed  in  the  guardianship,  the  clerk  of  the  Superior  Court  shall 
certify  the  name  of  such  guardian  and  his  sureties  to  the  solicitor  of  the 
judicial  district,  who  shall  forthwith  institute  an  action  on  the  bond  of  the 
guardian  in  the  Superior  Court,  for  securing  the  estate  of  the  ward. 

C.  S.  2200.  Judge  to  appoint  receiver;  his  rights  and  duties.  The 
judge  of  the  Superior  Court,  either  residing  in  or  presiding  over  the  courts 
of  the  district,  before  whom  such  action  is  brought,  shall  have  power  to 
appoint  the  clerk  of  the  Superior  Court  or  some  discreet  person  as  a 
receiver  to  take  possession  of  the  ward’s  estate,  to  collect  all  moneys  due  to 
him,  to  secure,  lend,  invest  or  apply  the  same  for  the  benefit  and  advantage 
of  the  ward,  under  the  direction  and  subject  to  such  rules  and  orders  in 
every  respect  as  the  said  judge  may  from  time  to  time  make  in  regard 
thereto;  and  the  accounts  of  such  receiver  shall  be  returned,  audited  and 
settled  as  the  judge  may  direct.  The  receiver  shall  be  allowed  such  amounts 
for  his  time,  trouble  and  responsibility  as  seem  to  the  judge  reasonable  and 
proper;  and  such  receivership  may  be  continued  until  a  suitable  person  can 
be  procured  to  take  the  guardianship. 

C.  S.  2201.  Receiver  to  pay  over  estate  to  infant  or  guardian.  When 
another  guardian  is  appointed,  he  may  apply  by  motion,  on  notice,  to  the 
judge  of  the  Superior  Court  for  an  order  upon  the  receiver  to  pay  over  all 
the  money,  estate  and  effects  of  the  ward;  and  if  no  such  guardian  is 
appointed,  then  the  ward,  on  coming  of  age,  or  in  case  of  his  death,  his 
executor,  administrator  or  collector,  and  the  heir  or  personal  representative 
of  the  idiot,  lunatic  or  insane  person,  shall  have  the  like  remedy  against  the 
receiver. 

C.  S.  2202.  Duties  and  compensation  of  solicitor.  The  solicitor  shall 
prosecute  the  action  and  take  all  necessary  orders  therein,  and  for  his  serv¬ 
ices  shall  be  allowed  such  reasonable  compensation  as  may  be  just,  not  to 
exceed  ten  dollars;  in  passing  on  the  returns  of  receivers,  where  the  estate  of 
the  infant  does  not  exceed  five  hundred  dollars,  not  to  exceed  five  dollars; 
and  where  the  estate  exceeds  five  hundred  dollars,  not  to  exceed  ten  dollars. 
The  amount  in  each  case  to  be  fixed  by  the  judge. 

See,  also,  under  Duties  of  County  Superintendents  of  Public  Welfare  and 
Juvenile  Coui'ts. 


CONTROL  OVER  INDIGENT  CHILDREN 

C.  S.  50  63.  Distitution  has  authority  of  parent  or  guardian.  Every 
indigent  child  which  may  be  placed  in  any  orphanage,  children’s  home,  or 
child-placing  institution  in  this  State,  which  shall  be  an  institution  existing 
under  and  by  virtue  of  the  laws  of  this  State,  shall  be  under  the  control  of 
the  authorities  of  such  institution  so  long  as,  under  the  rules  and  regula¬ 
tions  of  such  institution,  the  child  is  entitled  to  remain  in  the  same.  The 
authority  of  the  institution  shall  be  the  same  as  that  of  a  parent  or  guardian 
before  the  child  was  placed  in  the  institution;  but  such  authority  shall 
extend  only  to  the  person  of  the  child. 


45 


State  Laws  on  Public  Welfare 


C.  S.  50  6  4.  Regulations  of  institution  not  abrogated.  Nothing  in  this 
article  shall  be  construed  in  any  way  to  abrogate  any  of  the  rules  and  regu- 
ations  of  such  institutions  in  so  far  as  the  rules  and  regulations  have  for 
their  purpose  the  welfare  and  protection  of  the  institutions. 

C.  S.  50  65.  Enticing  a  child  from  institution.  It  is  unlawful  for  any 
person  to  entice  or  attempt  to  entice,  persuade,  harbor,  or  conceal,  or  in  any 
manner  induce  any  indigent  child  to  leave  any  of  the  institutions  hereinbe¬ 
fore  mentioned  without  the  knowledge  or  consent  of  the  authorities  of  such 
institutions.  But  this  article  shall  not  interfere  with  a  mother’s  right  to 
her  child  in  case  she  becomes  able  to  sustain  her  child;  and  the  county  com¬ 
missioners  in  the  county  in  which  she  resides  shall,  in  case  of  doubt,  have 
authority  to  recommend  to  the  institution  concerning  the  child. 

C.  S.  50  66.  Violation  a  misdemeanor.  Any  person  violating  any  of  the 
provisions  of  the  three  preceding  sections  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  or  imprisoned,  or  both,  in  the  discretion 
of  the  court. 

C.  S.  50  67.  Institutions  for  care  of  children  must  have  license.  It  shall 
be  unlawful  for  any  person,  institution,  or  organization  for  the  purpose  of 
caring  for  or  placing  children  to  carry  on  such  work  or  business  without 
having  in  full  force  a  written  license  therefor  from  the  State  Board  of 
Charities  and  Public  Welfare. 


OFFENSES  AGAINST  CHILDREN 

C.  S.  4  444.  Age  of  legal  maiTiage.  If  any  person  shall  marry  a  female 
under  the  age  of  fourteen  years,  he  shall  be  guilty  of  a  misdemeanor. 

[Age  of  Legal  Marriage,  as  Amended  by  Chap.  75,  Public  Laws  1923.] 

AN  ACT  TO  PREVENT  THE  MARRIAGE  OF  FEMALES  UNDER  SIXTEEN 
YEARS  OF  AGE  EXCEPT  BY  CONSENT  OF  PARENTS  OR  PERSONS 
STANDING  IN  RELATION  OF  A  PARENT  AND  UPON  SPECIAL 
LICENSE. 

The  General  Assembly  of  North  Cai'Olina  do  enact: 

Section  1.  That  the  word  “fourteen”  in  line  two  of  section  two  thousand 
four  hundred  and  ninety-four  of  the  Consolidated  Statutes  be  stricken  out 
and  the  word  “sixteen”  be  inserted  in  lieu  thereof;  and  that  at  the  end  of 
said  section  there  be  added  the  words:  Provided,  that  females  over  fourteen 
years  of  age  and  under  sixteen  years  of  age  may  marry  under  a  special 
license  to  be  issued  by  the  register  of  deeds,  which  said  special  license  shall 
only  be  issued  after  there  shall  have  been  filed  with  the  register  of  deeds 
'a  written  consent  to  such  marriage  signed  by  one  of  the  parents  of  the 
female,  or  signed  by  that  person  standing  in  loco  parentis  to  such  female, 
and  that  the  fact  of  the  filing  of  such  written  consent  shall  be  set  out  in  said 
special  license. 

Sec.  2.  That  all  laws  or  parts  of  laws  in  conflict  herewith  are  hereby 
repealed. 

Sec.  3.  That  this  act  shall  be  in  force  from  and  after  May  1,  1923. 

Ratified  this  the  24th  day  of  February,  A.D.  1923. 


46 


State  Laws  on  Public  Welfare 


Age  OB"  Consb:nt 

C.  S.  4204.  Piinisluiiernt  for  rape.  Every  person  who  is  convicted  of 
ravishing  and  carnally  knowing  any  female  of  the  age  of  twelve  years  or 
more  by  force  and  against  her  will,  or  who  is  convicted  of  unlawfully  and 
carnally  knowing  and  abusing  any  female  child  under  the  age  of  twelve 
years,  shall  suffer  death. 


[The  Age  of  Consent,  as  Amended  by  Chap.  140,  Public  Laws  1923.] 

AN  ACT  TO  AMEND  SECTION  4209  OF  THE  CONSOLIDATED  STATUTES. 

The  Gene7'al  Assembly  of  North  Carolina  do  enact: 

Section  1.  That  section  four  thousand  two  hundred  and  nine  of  the  Con¬ 
solidated  Statutes  be  and  the  same  is  hereby  amended  so  as  hereafter  to  read 
as  follows: 

“If  any  male  person  shall  carnally  know  or  abuse  any  female  child,  over 
twelve  and  under  sixteen  years  of  age,  who  has  never  before  had  sexual 
intercourse  with  any  person,  he  shall  be  guilty  of  a  felony  and  shall  be  fined 
or  imprisoned  in  the  discretion  of  the  court;  and  any  female  person  who 
shall  carnally  know  any  male  child  under  the  age  of  sixteen  years  shall  be 
guilty  of  a  misdemeanor  and  shall  be  fined  or  imprisoned  in  the  discretion 
of  the  court:  Provided,  that  if  the  offenders  shall  be  married  or  shall  there¬ 
after  marry,  such  marriage  shall  be  a  bar  to  further  prosecution.” 

Sec.  2.  That  all  persons  charged  with  a  violation  of  this  act  under  the 
age  of  sixteen  years  shall  be  subject  to  the  jurisdiction  of  the  Juvenile  Court, 
and  such  other  courts  as  may  hereafter  exercise  such  jurisdiction,  and  shall 
be  classed  as  delinquents  and  not  as  felons:  Provided,  that  where  the  offend¬ 
ers  agree  to  marry,  the  consent  of  the  parents  shall  not  be  necessary:  Pro¬ 
vided  further,  that  any  male  person  convicted  of  the  violation  of  this  act, 
who  is  under  (18)  eighteen  years  of  age,  shall  be  guilty  of  a  misdemeanor 
only. 

Sec.  3.  That  this  act  shall  be  in  force  from  and  after  the  first  day  of  July, 
one  thousand  nine  hundred  and  twenty-three. 

Ratified  this  the  3d  day  of  March,  A.D.  1923. 

Kidnapping  and  Abduction 

C.  S.  4221.  Punishment  for  kidnapping.  If  any  person  shall  forcibly 
or  fraudulently  kidnap  any  person,  he  shall  be  guilty  of  a  felony,  and  upon 
conviction  may  be  punished  in  the  discretion  of  the  court,  not  exceeding 
twenty  years  in  the  State’s  Prison. 

C.  S.  4222.  Enticing  minors  out  of  the  State  for  purposes  of  employ¬ 
ment.  If  any  person  shall  employ  and  carry  beyond  the  limits  of  this 
State  any  minor,  or  shall  induce  any  minor  to  go  beyond  the  limits  of  this 
State,  for  the  purpose  of  employment  without  the  consent  in  writing,  duly 
authenticated,  of  the  parent,  guardian  or  other  person  having  authority 
over  such  minor,  he  shall  be  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  fined  not  less  than  five  hundred  dollars  and  not  more  than 
one  thousand  dollars  for  each  offense.  The  fact  of  the  employment  and  going 
out  of  the  State  of  the  minor,  or  of  the  going  out  of  the  State  by  the  minor, 
at  the  solicitation  of  the  person  for  the  purpose  of  employment,  shall  be 
2)rima  facie  evidence  of  knowledge  that  the  person  employed  or  solicited  to 
go  beyond  the  limits  of  the  State  is  a  minor. 

C.  S.  4223.  Abduction  of  children.  If  anyone  shall  abduct  or  by  any 
means  induce  any  child  under  the  age  of  fourteen  years,  who  shall  reside 


State  Laws  on  Public  AYelfaee 


47 


with  its  father,  mother,  “uncle,  aunt,  brother,  or  elder  sister,  or  shall  reside 
at  a  school,  or  be  an  orphan  and  reside  with  a  guardian,  to  leave  such  per¬ 
son  or  school,  he  shall  be  guilty  of  a  felony,  and  on  conviction  shall  be  fined 
or  imprisoned  in  the  State’s  Prison  for  a  period  not  exceeding  fifteen  years. 

C.  S.  4224.  Conspiring  to  abduct  children.  If  anyone  shall  conspire  to 

abduct,  or  by  any  means  to  induce  any  child  under  the  age  of  fourteen 

years,  who  shall  reside  with  any  of  the  persons  designated  in  the  preceding 
section,  or  shall  reside  at  school,  to  leave  such  persons  or  the  school,  he  shall 
be  guilty  of  a  felony,  and  on  conviction  shall  be  punished  as  prescribed  in 

the  preceding  section:  Provided,  that  no  one  who  may  be  a  nearer  blood 

relation  to  the  child  than  the  persons  named  in  the  preceding  section  shall 
be  indicted  for  either  of  said  offenses. 


Prostitution 

C.  S.  4346.  Permitting  unmarried  female  under  eighteen  in  house  of 
prostitution.  Whoever,  being  the  keeper  of  a  house  of  prostitution,  or 
assignation  house,  building  or  premises  in  this  State  where  prostitution, 
fornication,  or  concubinage  is  allowed  or  practiced,  shall  suffer  or  permit  any 
unmarried  female  under  the  age  of  eighteen  years  to  live,  board,  stop,  or 
room  in  such  house,  building  or  premises,  shall  be  guilty  of  a  misdemeanor. 


Cigarettes 

C.  S.  4438.  Selling  cigarettes  to  minors.  If  any  person  shall  sell,  give 
away,  or  otherwise  dispose  of,  directly  or  indirectly,  cigarettes,  or  tobacco  in 
the  form  of  cigarettes,  or  cut  tobacco  in  any  form  or  shape  which  may  be  used 
or  intended  to  be  used  as  a  substitute  for  cigarettes,  to  any  minor  under  the 
age  of  seventeen  years;  or  if  any  person  shall  aid,  assist,  or  abet  any  other 
person  in  selling  such  articles  to  such  minor,  he  shall  be  guilty  of  a  misde¬ 
meanor,  and  upon  conviction  shall  be  punished  by  fine  or  imprisonment  in 
the  discretion  of  the  court. 


C.  S.  4439.  Aiding  minors  in  procuring  cigarettes;  duty  of  police  offi¬ 
cers.  If  any  person  shall  aid  or  assist  any  minor  child  under  seventeen 
years  old  in  obtaining  the  possession  of  cigarettes,  or  tobacco  in  any  form 
used  as  a  substitute  therefor,  by  whatsoever  name  it  may  be  called,  he  shall 
be  guilty  of  a  misdemeanor  and,  upon  conviction,  shall  be  fined  or  imprisoned 
in  the  discretion  of  the  court. 


It  shall  be  the  duty  of  every  police  officer,  upon  knowledge  or  information 
that  any  minor  under  the  age  of  seventeen  years  is  or  has  been  smoking  any 
cigarette,  to  inquire  of  any  such  minor  the  name  of  the  person  who  sold  or 
gave  him  such  cigarette,  or  the  substance  from  which  it  was  made,  or  who 
aided  and  abetted  in  effecting  such  gift  or  sale.  Upon  receiving  this  informa¬ 
tion  from  any  such  minor,  the  officer  shall  forthwith  cause  a  warrant  to  be 
issued  for  the  person  giving  or  selling,  or  aiding  and  abetting  in  tie  giving 
or  selling  of  such  cigarette  or  the  substance  out  of  which  it  was  made,  and 

Have  such  person  dealt  with  as  the  law  directs.  ° 

fail  or  refuse  to  give  to  any  officer,  upon  inquiry,  the  name  of  the  peison 
selling  or  giving  him  such  cigarette,  or  the  substance  out  of  which  it  was 
made,  shall  be  guilty  of  a  misdemeanor. 


Firearms 

C  S.  4440.  Selling  or  giving  weapons  to  minors.  It  any  person  shall 
knowinelv  sell,  offer  for  sale,  give,  or  in  any  way  dispose  of  to  a  minor  any 
pistol  or  pistol  cartridge,  brass  knucks,  bowie-knife,  dirk,  loaded  cane,  or 
sling-shot,  he  shall  be  guilty  of  a  misdemeanor. 


48 


State  Laws  on  Public  Welfare 


C.  S.  4441.  Peiniittiiig  young  children  to  use  dangerous  fireaims.  Any 

person,  being  the  parent  or  guardian  of,  or  standing  in  loco  parentis  to,  any 
child  under  the  age  of  twelve  years  who  shall  knowingly  permit  such  child 
to  have  the  possession  or  custody  of,  or  use  in  any  manner  whatever,  any 
gun,  pistol,  or  other  dangerous  firearm,  whether  such  firearm  be  loaded  or 
unloaded,  or  any  other  person  who  shall  knowingly  furnish  such  child  any 
such  firearm,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
fined  not  exceeding  fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 

Billiard  Rooms,  etc. 

C.  S.  4442.  Peimitting  minors  to  enter  barrooms,  billiard  rooms,  and 
bowling  alleys.  If  the  keeper  or  owner  of  any  barroom,  billiard  room,  or 
bowling  alley  shall  allow  any  minor  to  enter  or  remain  in  such  barroom,  bil¬ 
liard  room,  or  bowling  alley,  where  before  such  minor  enters  or  remains  in 
such  barroom,  billiard  room,  or  bowling  alley,  the  owner  or  keeper  thereof 
has  been  notified  by  the  parents  or  guardian  of  such  minor  not  to  allow  him 
to  enter  or  remain  in  such  barroom,  billiard  room,  or  bowling  alley,  he  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  exceeding 
fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 

Exposure  to  Fire 

C.  S.  4443.  Exposing  cbildren  to  fire.  If  any  person  shall  leave  any 
child  of  the  age  of  seven  years  or  less  locked  or  otherwise  confined  in  any 
dwelling,  building,  or  enclosure,  and  go  away  from  such  dwelling,  building, 
or  enclosure  without  leaving  some  person  of  the  age  of  discretion  in  charge 
of  the  same,  so  as  to  expose  the  child  to  danger  by  fire,  the  person  so  offend¬ 
ing  shall  be  guilty  of  a  misdemeanor,  and  shall  be  punished  at  the  discretion 
of  the  court. 

Failure  to  Pay  Minor  for  Work 

C.  S.  4446.  Failing  to  pay  minors  for  doing  certain  work.  Whenever 
any  person,  having  a  contract  with  any  corporation,  company,  or  person  for 
the  manufacture  or  change  of  any  raw  material  by  the  piece  or  pound,  shall 
employ  any  minor  to  assist  in  the  work  upon  the  faith  of  and  by  color  of 
such  contract,  with  intent  to  cheat  and  defraud  such  minor,  and,  having 
secured  the  contract  price,  shall  willfully  fail  to  pay  the  minor  when  he 
shall  have  performed  his  part  of  the  contract  work,  whether  done  by  the 
day  or  by  the  job,  the  person  so  offending  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  more  than  fifty  dollars  or  imprisoned 
not  more  than  thirty  days. 

INSTITUTIONS  FOR  CHILDREN 

Samarcand  Manor 

C.  S.  733  4.  Persons  committed  to  the  refoniiatory ;  time  of  detention. 
Any  girl  or  woman  who  may  come  or  be  brought  before  any  court  of  the 
State,  and  may  either  confess  herself  guilty  or  have  been  convicted  of 
being  a  habitual  drunkard,  or  being  a  prostitute,  or  of  frequenting  dis¬ 
orderly  houses  or  houses  of  prostitution,  or  for  vagrancy,  or  of  any  other 
misdemeanor,  may  be  committed  by  such  court  for  confinement  in  the  insti¬ 
tution  aforesaid:  Provided,  such  person  is  not  insane  or  mentally  or  physi¬ 
cally  incapable  of  being  substantially  benefited  by  the  discipline  of  such 
institution;  and  Provided  further,  that  before  sentencing  such  person  to  con¬ 
finement  in  the  institution  the  court  shall  ascertain  whether  the  institution 
is  in  position  to  care  for  such  person;  and  it  shall  be  at  all  times  within  the 
discretion  of  the  board  of  directors  as  to  whether  the  board  will  receive  any 


State  Laws  on  Public  Welfake 


49 


person  in  the  institution.  No  commitment  shall  be  for  any  definite  term 
but  any  person  so  committed  may  be  paroled  or  discharged  at  any  time  aTtm’ 
her  commitment  by  the  board  of  managers,  but  no  inmate  shall  in  any  case 
be  detained  longer  than  three  years.  When  any  such  person  shall  come 

e  ore  any  court  for  the  purpose  of  confessing  guilt  or  for  trial,  the  court 
shall  as  far  as  feasible  and  as  far  as  consistent  with  public  policy,  give  a 
private  hearing,  and  in  all  respects  avoid  unnecessary  publicity  in  connec¬ 
tion  with  the  proceedings  before  the  court. 

Note.  It  is  the  policy  of  Samarcand  to  give  preference  to  vonno- 
firmed  prostitutes  are  not  admitted.  preierence  to  young  girls.  The  older,  con- 


Chap.  69,  Public  Laws.  Extra  Session  1921.  Time  of  detention  changed. 

That  section  seven  thousand  three  hundred  and  thirty-four  of  the  Consoli¬ 
dated  Statutes  be  amended  by  inserting  in  line  fifteen  after  the  word  “years” 
the  following:  P^'ovided,  that  when  any  girl  under  twenty-one  years  of  age 
shall  have  been  committed  to  the  institution  the  trustees  shall  have  the  sole 
right  and  authority  to  keep,  restrain  and  control  her  until  she  is  twenty-one 
years  old,  or  until  such  time  as  they  shall  deem  proper  for  her  discharge, 
under  such  proper  and  humane  rules  and  regulations  as  may  be  adopted  by 
the  trustees.” 


C.  S.  7335.  Delivery  of  inmates  to  institution;  expenses.  It  shall  be 
the  duty  of  the  county  authorities  of  the  county  from  which  any  girl  or 
woman  is  sent  to  the  home,  or  the  city  authorities,  if  the  girl  or  woman  is 
ordered  to  be  sent  to  the  home  by  any  city  court,  to  see  that  such  girl  or 
woman  is  safely  and  duly  delivered  to  the  home,  and  to  pay  all  the  expenses 
incident  to  her  conveyance  and  delivery  to  the  home. 

C.  S.  733  6.  Voluntary  application  for  admission;  care  of  children.  In 
addition  to  caring  for  such  persons  as  may  be  committed  to  the  institution  by 
order  of  the  court,  the  board  of  managers  may,  in  their  discretion,  receive 
into  the  institution  any  such  person  who  may  have  in  writing  confessed  her¬ 
self  guilty  of  any  offense  or  any  wayward  conduct  and  may  in  writing  express 
her  desire  to  become  an  inmate  of  the  institution;  but  the  board  shall  not 
admit  any  such  person  unless  upon  examination  of  such  person,  freely  and 
voluntarily  held  under  the  direction  of  the  board,  the  board  shall  conclude 
that  confinement  in  the  institution  will  probably  aid  in  the  reformation  of 
such  person.  Any  person  becoming  an  inmate  of  the  institution  under  the 
provisions  of  this  section  shall  be  subject  to  the  same  rules  and  regulations 
as  those  who  have  been  committed  by  order  of  court,  and  shall  be  detained 
for  such  time  as  the  board,  in  its  judgment,  may  deem  best,  not  exceeding, 
however,  the  term  of  three  years.  And  it  shall  further  be  the  duty  of  the 
board  of  managers  to  make  suitable  provision  for  the  care  and  maintenance 
of  children  born  in  the  institution,  and  also  of  the  infant  children  that  any 
woman  may  have  when  she  is  committed  to  the  institution. 


C.  S.  7337.  Law  as  to  juvenile  delinquents  applied.  The  provisions  of 
the  chapter  pertaining  to  the  reclamation  and  training  of  juvenile  delin¬ 
quents  shall  apply  to  young  girls,  and  any  court  before  whom  a  young  girl 
is  brought  pursuant  to  the  provisions  of  said  chapter  may  be  by  order  of 
court  placed  in  the  institution  herein  established,  and  shall  be  subject  to  all 
provisions  of  law  relating  thereto:  Provided,  however,  that  no  girl  shall  be 
admitted  to  the  institution  under  this  provision  without  the  previous  consent 
of  the  board  of  managers. 


4 


50 


State  Laws  on  Public  Welfake 


C.  S.  7338.  Discharge  on  parole;  arrest  for  escape  or  violation  of  parole. 
The  board  of  managers  may  conditionally  discharge  any  person  at  any  time, 
and  if  any  such  person  shall  violate  any  condition  of  her  parole  or  shall 
violate  any  condition  upon  which  she  has  been  discharged,  or  if  any  inmate 
escape  from  the  institution,  the  board  of  managers  may  cause  any  such  per¬ 
son  to  be  rearrested  and  returned  to  the  institution  and  be  detained  therein 
for  the  unexpired  portion  of  her  term,  dating  from  the  time  of  her  parole, 
conditional  discharge,  or  escape.  The  board  of  managers  is  empowered  to 
issue  to  any  person  designated  by  the  board  a  commitment  signed  by  the 
president  and  attested  by  the  secretary,  and  having  attached  thereto  the 
common  seal  of  the  corporation,  by  the  terms  of  which  commitment  such  per¬ 
son  may  be  authorized  and  empowered  to  apprehend  any  such  person  who 
may  have  violated  her  parole  or  any  condition  of  her  discharge  or  that  may 
have  escaped,  and  carry  such  person  back  to  the  institution.  Such  commit¬ 
ment  shall  briefly  state  the  reason  for  the  issuance  of  the  same,  and  the 
person  designated  to  execute  the  same  may  execute  it  in  any  county  of  the 
State. 


Stonewall  Jackson  Manual  Training  and  Industrial  School 

C.  S.  7314.  Purpose  of  the  school.  The  trustees  are  empowered  to 
establish  and  operate  a  school  for  the  training  and  moral  and  industrial 
development  of  the  criminally  delinquent  children  of  the  State;  and  when 
such  school  has  been  organized  the  trustees  may,  in  their  discretion,  receive 
therein  such  delinquent  and  criminal  children  under  the  age  of  sixteen  years 
as  may  be  sent  or  committed  thereto  under  any  order  or  commitment  by  the 
judges  of  the  Superior  Courts,  the  judges  of  the  juvenile  courts,  or  the 
recorders  or  other  presiding  officers  of  the  city  or  criminal  courts,  and  shall 
have  the  sole  right  and  authority  to  keep,  restrain,  and  control  them  during 
their  minority,  or  until  such  time  as  they  shall  deem  proper  for  their  dis¬ 
charge,  under  such  proper  and  humane  rules  and  regulations  as  may  be 
adopted  by  the  trustees.  All  laws  and  clauses  of  laws  in  conflict  with  this 
section  are  hereby  repealed. 

C.  S.  7320.  Powers  of  superintendent.  The  superintendent  employed 
by  the  board  is  authorized  to  require  obedience  from  all  inmates  of  the 
school,  and  is  intrusted  with  the  authority  for  correcting  and  punishing  any 
inmate  thereof  to  the  same  extent  as  a  parent  may  under  the  law  impose 
upon  his  own  child,  and  the  trustees  shall  have  the  right  at  any  time  to 
discharge  the  superintendent  for  cause. 

C.  S.  7322.  Courts  may  commit  offenders  to  reformatory.  The  judges 
of  the  Superior  courts,  recorders,  or  other  presiding  officers  of  the  city  or 
criminal  courts  of  the  State,  shall  have  authority,  and  it  shall  lie  their  duty, 
to  sentence  to  the  school  all  persons  under  the  age  of  sixteen  years  convicted 
in  any  court  of  this  State  of  any  violation  of  the  criminal  laws:  Provided. 
that  such  judge  or  other  of  said  officers  shall  be  of  the  opinion  that  it  w'ould 
be  best  for  such  person,  and  the  community  in  which  he  may  be  convicted, 
that  he  should  be  so  sentenced.  Any  commitment  under  this  article,  whether 
by  judge  or  court,  as  hereinbefore  provided,  shall  be  full,  sufficient,  and  compe¬ 
tent  authority  to  the  officers  and  agents  of  the  school  for  the  detention  and 
keeping  therein  of  the  child  so  committed. 

C.  S.  7323.  Govemor  may  transfer  iirisouers  to  reformatory.  The  Gov¬ 
ernor  of  the  State  may  by  order  transfer  any  person  under  the  age  of  sixteen 
years  from  any  jail,  chain  gang,  or  penitentiary  in  this  State  to  such  reforma¬ 
tory. 


State  Laws  on  Public  Welfare 


5 1 


Eastern  Carolina  Industrial  Training  School  for  Boys 


[Chapter  254,.  Public  Laws  1923.] 

AN  ACT  TO  ESTABLISH  THE  EASTERN  CAROLINA  INDUSTRIAL 

TRAINING  SCHOOL  FOR  BOYS. 


The  General  Assembly  of  No7'th  Carolina  do  enact: 

Section  1.  That  a  corporation  to  be  known  and  designated  as  the  Eastern 
Carolina  Industrial  Training  School  for  Boys  be  and  the  same  is  hereby 
created,  and  as  such  corporation  and  under  said  name  it  may  sue  and  be  sued, 
plead,  be  impleaded,  hold,  use,  and  sell  and  convey  real  estate,  receive  gifts 
and  donations  and  appropriations  and  do  all  other  things  necessary  and  requi¬ 
site  for  the  purposes  of  its  organization  as  hereinafter  specified. 

Sec.  2.  That  said  institution  shall  be  under  the  control  and  management 
of  a  board  of  five  trustees.  All  of  said  trustees  shall  be  appointed  by  the 
Governor  of  the  State,  who  in  the  first  appointment  shall  appoint  one  of  the 
said  trustees  for  a  term  of  one  year,  two  for  a  term  of  two  years,  two  for  a 
term  of  four  years,  and  at  the  end  of  the  term  of  any  trustee  the  Governor 
shall  appoint  the  successor  for  ^  term  of  four  years.  All  vacancies  on  the 
board,  occurring  for  any  cause,  shall  be  filled  by  the  Governor.  Each  member 
of  the  board  shall  be  entitled  to  receive  necessary  expenses  for  each  and 
every  day  engaged  in  the  business  of  the  institution. 


Sec.  3.  The  trustees  are  empowered  to  establish  and  operate  a  school  for 
the  training  and  moral  and  industrial  development  of  the  criminally  delin¬ 
quent  white  boys  of  the  State;  and  when  such  school  has  been  organized  the 
trustees  may,  in  their  discretion,  receive  therein  such  delinquent  and  crimi¬ 
nal  boys  under  the  age  of  eighteen  years  as  may  be  sent  or  committed 
thereto  under  any  order  or  commitment  by  the  judges  of  the  Superior  Courts, 
the  judges  of  the  juvenile  courts  or  the  recorders  or  other  presiding  officers 
of  the  city  or  criminal  courts,  and  shall  have  the  sole  right  and  authority  to 
keep,  restrain,  and  control  them  during  their  minority,  or  until  such 
time  as  they  shall  deem  proper  for  their  discharge,  under  such  proper 
and  humane  rules  and  regulations  as  may  be  adopted  by  the  trustees.  All 
laws  and  clauses  of  laws  in  conflict  with  the  provisions  of  this  section  are 

hereby  repealed. 

Sec.  4.  That  the  board  of  trustees  shall  select  a  suitable  place  outside  of 
and  away  from  any  city,  town  or  village,  for  the  erection  of  such  a  school, 
such  location  to  be  in  the  eastern  part  of  North  Carolina  not  farther  west 
than  twenty  miles  of  the  main  line  of  the  Atlantic  Coast  Line  Railroad,  and 
said  board  of  trustees  is  empowered  to  purchase  at  some  suitable  and  con¬ 
venient  place,  not  less  than  one  hundred  acres  nor  more  than  five  hundred 
acres  of  land  whereon  to,  erect  and  operate  such  school. 


Sec  5  It  shall  be  the  duty  of  the  Governor  to  name  the  board  of  trustees 
hereinbefore  provided  for,  and  to  call,  not  later  than  the  first  day  of  Septem¬ 
ber,  one  thousand  nine  hundred  and  twenty-three,  a  meeting  of  the  trustees 
herein  named,  at  his  office  in  Raieigh,  and  at  such  meeting  the  trustees  shall 
proceed  to  the  election  of  a  treasurer,  superintendent  tor  the  school,  and  such 
other  officers  for  the  board  and  school  as  they  deem  proper. 


Sec  6  All  moneys  received  by  the  trustees  by  private  gifts,  donations  or 
otherwise  shall  be  expended  in  the  establishment,  operation  and  maintenance 
of  the  school  for  the  training  and  the  moral  and  industrial  development  of 
such  delinquent  boys,  and  in  securing  homes  for  them;  and  it  shall  be  their 
duty  to  duly  account  tor  all  moneys  so  received  by  them  and  to  make  report 
ot  the  manner  ot  its  expenditure  and  of  the  work  done  by  them  as  herein- 
after  more  particularly  provided  for. 


52 


State  Laws  ox  Public  Welfare 


Sec.  7.  The  treasurer  and  superintendent  shall,  before  receiving  any  of 
said  funds,  make  a  good  and  sufficient  bond,  payable  to  the  State  of  North 
Carolina,  in  such  sums  as  may  be  named  by  the  Governor  and  approved  by 
the  State  Treasurer. 

Sec.  8.  The  superintendent  employed  by  the  board  is  authorized  to  require 
obedience  from  all  the  inmates  of  the  school,  and  is  intrusted  with  the 
authority  for  correcting  and  punishing  any  inmate  thereof  to  the  same  extent 
as  a  parent  may  under  the  law  impose  upon  his  own  child,  and  the  trustees 
shall  have  the  right  at  any  time  to  discharge  the  superintendent  for  cause. 

Sec.  9.  The  judges  of  the  Superior  Courts,  recorders,  or  other  presiding 
officers  of  the  city  or  criminal  courts  of  this  State  shall  have  authority,  and 
it  shall  be  their  duty,  to  sentence  to  the  school  all  persons  under  the  age  of 
eighteen  years  convicted  in  any  court  of  this  State  of  any  violation  of  the 
criminal  laws:  Provided,  that  such  judge  or  other  of  said  officers  shall  be  of 
the  opinion  that  it  would  be  best  for  such  person,  and  the  community  in 
which  he  may  be  convicted,  that  he  should  be  so  sentenced.  Any  commit¬ 
ment  under  this  act,  whether  by  judge  or  court,  as  hereinbefore  provided, 
shall  be  full,  sufficient,  and  competent  authority  to  the  officers  and  agents  of 
the  school  for  the  detention  and  keeping  therein  of  the  boy  so  committed. 

Sec.  10.  The  Governor  of  the  State  may  by  order  transfer  any  boy  under 
the  age  of  eighteen  years  from  any  jail,  chain-gang  or  penitentiary  in  this 
State  to  such  school. 

Sec.  11.  There  shall  be  established  and  conducted  on  such  lands  as  may 
be  owned  in  connection  with  the  school  such  agriculture,  horticulture,  work¬ 
shops,  and  other  pursuits  as  the  board  of  trustees  may  deem  expedient  so  as 
to  keep  regularly  at  work  all  able-bodied  inmates. 

Sec.  12.  The  officers  of  the  school  shall  receive  and  take  into  it  all  boys 
committed  thereto  by  competent  authority,  or  received  therein  as  aforesaid, 
and  shall  cause  all  such  boys  in  the  school  to  be  instructed  in  such  rudi¬ 
mentary  branches  of  useful  knowledge  as  may  be  suited  to  their  various 
ages  and  capacities.  The  boys  shall  be  taught  such  useful  trades  and  given 
such  manual  training  as  the  board  may  direct,  and  shall  perform  such 
manual  labor  as  the  principal  or  other  superintending  officers,  subject  to  the 
direction  of  the  board,  may  order.*  All  inmates  shall,  if  possible,  be  taught 
the  precepts  of  the  Holy  Bible,  good  moral  conduct,  how  to  work  and  to  be 
industrious. 

Sec.  13.  The  board  of  trustees  shall  have  the  management  and  control  of 
the  school,  and  shall  have  authority  to  employ  a  superintendent  and  such 
other  assistants  as  they  may  deem  necessary;  to  fix  their  salaries,  to  define 
their  duties,  to  discharge  any  employees,  and  to  make  any  and  all  rules  and 
regulations  as  they  may  deem  necessary  for  the  management  and  conducting 
of  such  school  under  the  provisions  of  this  act,  and  not  inconsistent  there¬ 
with. 

Sec.  14.  If  it  shall  appear  to  the  board  of  trustees  that  any  inmate  of  the 
school  is  or  becomes  ungovernable  and  is  exerting  an  unwholesome  influence 
over  any  other  inmate,  it  shall  be  their  duty  to  certify  the  same  to  the  Gov¬ 
ernor  of  the  State,  and  he  may  order  such  inmate  to  the  State’s  Prison  or 
to  the  jail  or  chain-gang  in  the  county  in  which  such  inmate  was  convicted, 
where  such  person  shall  serve  out  his  unexpired  term. 

Sec.  15.  That  the  sum  of  five  thousand  dollars  is  hereby  appropriated 
annually  for  the  years  of  one  thousand  nine  hundred  and  twenty-three  and 
one  thousand  nine  hundred  and  twenty-four  for  the  support  and  maintenance 
of  said  institution  as  is  provided  in  a  bill  entitled  “An  act  to  make  appro 
priations  for  the  maintenance  of  the  State’s  institutions,”  passed  at  this 
General  Assembly,  and  the  further  sum  of  twenty-five  thousand  dollars  is 


State  Laws  on  Public  AVelfake  53 

hereby  appropriated  for  the  purpose  of  purchasing  site  and  erecting  of 
buildings  of  said  institution  as  a  permanent  improvement  fund  as  is  pro¬ 
vided  in  a  bill  entitled  An  act  to  provide  for  a  bond  issue  for  permanent 
improvements  of  the  State’s  institutions,”  passed  at  this  General  Assembly. 

Sec.  16.  Nothing  contained  in  this  act  shall  be  construed  to  prevent  the 
General  Assembly  from  altering,  changing,  and  modifying  the  law  and  regu¬ 
lations  governing  such  school  and  its  officers  and  directors  in  such  manner 
and  at  such  time  as  to  it  may  seem  best. 

Sec.  17.  That  all  laws  and  clauses  of  laws  in  conflict  with  the  provisions 
of  this  act  are  hereby  repealed. 

Sec.  18.  That  this  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  this  the  6th  day  of  March,  A.D.  1923. 


Training  School  for  Delinquent  Negro  Boys 
[Chapter  190,  Public  Laws  1921.] 


Section  1.  A  corporation,  to  be  known  and  designated  “The  State  Training 
School  for  Negro  Boys,”  is  hereby  created,  and  as  such  corporation  it  is 
authorized  and  empowered  to  accept  and  use  donations  and  appropriations, 
hold  real  estate  by  purchase  or  gift,  and  do  all  other  things  necessary  and 
requisite  to  be  done  for  the  care,  discipline  and  training  of  negro  boys  which 
may  be  received  by  said  corporation. 


Sec.  2.  The  State  Training  School  for  Negro  Boys  shall  be  under  the  con¬ 
trol  and  management  of  a  board  of  five  trustees.  All  of  the  trustees  shall  be 
appointed  by  the  Governor  of  the  State,  who  shall  have  the  power  of  removal 
for  cause  at  any  time.  As  soon  after  the  ratification  of  this  act  as  the 
Governor  shall  deem  advisable  he  shall  appoint  said  board  of  trustees  as 
follows:  One  for  a  term  of  one-year,  one  for  a  term  of  two  years,  one  for  a 
term  of  four  years,  and  two  for  a  term  of  five  years;  and  at  the  end  of  the 
term  of  each  trustee,  his  successor  shall  be  appointed  for  a  term  of  five  years. 
All  vacancies  shall  be  filled  by  the  Governor.  Each  member  of  the  board  of 
trustees  shall  be  entitled  to  receive  actual  necessary  expenses  for  every  day 
engaged  in  the  business  of  the  institution,  but  no  compensation  for  service 
rendered. 


Sec.  3.  Immediately  upon  receiving  notice  of  their  appointment  as  trus¬ 
tees,  the  persons  so  designated  shall  meet  and  organize  by  electing  from 
their  number  a  chairman,  and  one  as  secretary,  or  the  latter  two  offices  may 
be  combined.  They  shall  thereupon  undertake  as  expeditiously  as  possible 
the  business  of  selecting  a  location  and  preparing  for  the  opening  and 
maintenance  of  the  State  Training  School  for  Negro  Boys.  The  board  shall 
have  power  to  appoint  and  dismiss  at  will  a  supei  intendent  and  othei 
employees,  to  make  such  rules  for  its  own  meetings  and  guidance  as  it  deems 
necessary;  have  the  general  superintendence,  management,  and  control  of 
the  institution;  of  the  grounds  and  buildings,  officers,  and  employees  thereof; 
of  the  inmates  therein,  and  all  matters  relating  to  the  government,  disci¬ 
pline,  contracts,  and  fiscal  concerns  thereof;  and  may  make  such  rules  and 
regulations  as  may  seem  to  them  necessary  for  carrying  out  the  purposes  o 
the  institution.  And  the  board  shall  have  the  right  to  keep,  restrain,  and 
control  the  inmates  of  the  institution  until  such  time  as  the  board  may  deem 
proper  for  their  discharge  under  such  proper  and  humane  rules  and  regula¬ 
tions  as  the  board  may  adopt.  The  board  of  managers  shall  constitute  a 
board  of  parole  of  the  institution,  and  shall  have  power  to  parole  and  dis¬ 
charge  the  inmates  under  such  rules  and  regulations  as  the  board  may  pre- 
scribl  and  to  retake  them  upon  failure  to  comply  with  any  requirement  of 

parole. 


54 


State  Laws  on  Public  Weleare 


Sec.  4.  Delinquent  negro  boys,  under  the  age  of  sixteen  years,  may  be 
committed  to  the  institution  by  any  juvenile.  State,  or  other  court  having 
jurisdiction  over  such  boy,  but  no  boy  shall  be  sent  to  the  institution  until 
the  committing  agency  has  received  notice  from  the  superintendent  that  such 
person  can  be  received.  The  cost  of  sending  inmates  shall  be  paid  by  the 
county  or  municipality  sending  the  same,  as  the  case  may  be.  In  special 
cases  where  the  public  good  would  seem  to  be  subserved  thereby  the  board 
shall  have  the  right,  upon  the  request  of  any  court  of  proper  jurisdiction,  to 
receive  an  inmate  above  the  age  of  sixteen,  but  this  shall  be  a  matter  wholly 
within  the  discretion  of  the  board.  When  any  commitment  to  the  institu¬ 
tion  is  made,  it  shall  not  be  for  any  specified  time,  but  may  continue  or 
terminate  at  the  discretion  of  the  board,  not  to  exceed  the  age  of  majority  of 
the  inmate. 

Sec.  5.  For  the  purpose  of  preparing  and  opening  the  State  Training 
School  for  Negro  Boys,  the  sum  of  twenty-five  thousand  dollars,  as  provided 
by  an  act  passed  by  this  General  Assembly,  entitled  “An  act  to  issue  bonds 
of  the  State  for  the  permanent  enlargement  and  improvement  of  the  State’s 
educational  institutions,”  may  be  used  by  said  board  of  trustees  for  perma¬ 
nent  improvements  or  equipment,  or  both,  but  no  part  thereof  shall  be  spent 
until  a  suitable  location  has  been  acquired,  either  by  purchase  or  otherwise. 
The  location  of  the  institution  shall  be  recommended  by  the  board  of  trustees 
and  approved  by  the  Governor,  In  the  event  the  location  selected  is  upon 
property  now  owned  by  the  State  or  any  other  State  institution,  then  the 
governing  body  in  whom  the  title  is  vested  is  hereby  directed  and  authorized 
to  transfer  title  to  the  board  of  trustees  of  the  State  Training  School  for 
Negro  Boys,  and  turn  over  to  them  all  or  such  portions  of  the  said  property 
as  the  Governor  may  direct,  without  compensation,  as  the  Governor  may 
deem  proper  for  the  best  interests  of  the  State.  The  sum  of  ten  thousand 
dollars  annually,  as  provided  in  the  general  appropriation  bill  passed  by  this 
General  Assembly,  entitled  “An  act  to  make  appropriations  to  the  State 
institutions,”  or  as  much  thereof  as  may  be  necessary  shall  be  used  for 
the  maintenance  and  support  of  the  said  State  Training  School  for  Negro 
Boys.  The  site  for  said  school  shall  be  selected  with  regard  to  the  proper 
mental  treatment  of  the  inmates  thereof. 

Sec.  6.  In  receiving  inmates  of  the  institution,  the  trustees  shall  distribute 
such  admissions  as  near  as  may  be  in  relation  to  the  negro  population  of  the 
several  counties  until  all  the  maintenance  appropriation  from  the  State  is 
exhausted.  If  after  such  maintenance  fund  is  exhausted  it  be  found  possible 
to  provide  housing  space  and  control  for  additional  inmates,  then  the  trustees 
may  receive  such  additional  number  of  inmates  as  can  be  cared  for  upon  the 
payment  by  private  persons  or  municipal  or  county  authorities  of  the  actual 
cost  of  the  maintenance  of  such  inmates.  County  and  municipal  authorities 
are  hereby  given  authority  to  pay  such  sums  in  their  discretion. 

Sec.  7.  That  this  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  this  the  8th  day  of  March,  A.D.  1921, 

County  Orphanages 
[Chapter  81,  Public  Laws  1923.] 

AN  ACT  TO  AUTHORIZE  THE  BOARDS  OF  COMMISSIONERS  OF  THE 
SEVERAL  COUNTIES  TO  ESTABLISH  AND  MAINTAIN  HOMES  FOR 
INDIGENT  ORPHAN  CHILDREN. 

The  General  Assemhly  of  North  Carolina  do  ejiact : 

Section  1.  That  subsection  twenty-nine  (29)  of  section  one  thousand  two 
hundred  ninety-seven  (1297)  of  the  Consolidated  Statutes  be  amended  by 


State  Laws  on  Public  Welfare 


a.) 


adding  after  the  word  “hospitals”  and  before  the  word  “for”  in  the  second 
line  of  said  subsection  the  following:  “establish  and  maintain  homes  tor 
indigent  orphan  children.” 

Sec.  2.  That  this  act  shall  be  in  force  and  effect  from  and  after  its  ratifi¬ 
cation. 

Ratified  this  the  26th  day  of  February,  A.D.  1923. 


Admission  to  Caswell  Training  School 
[Chapter  34,  Public  Laavs  1923.] 

AN  ACT  TO  AMEND  CHAPTER  266  OF  THE  PUBLIC  LAWS  OF  1915, 
BEING  AN  ACT  ENTITLED  “AN  ACT  TO  CHANGE  THE  NAME  OF 
THE  NORTH  CAROLINA  SCHOOL  FOR  THE  FEEBLEMINDED  AND 
PROVIDE  FOR  ADMISSION  AND  DISCHARGE  OF  CHILDREN  FROM 
SAID  SCHOOL.” 

The  General  Assembly  of  North  Carolina  do  eyiact  : 

Section  1.  That  section  two  of  chapter  two  hundred  and  sixty-six  of  the 
Public  Laws  of  one  thousand  nine  hundred  and  fifteen  be  and  the  same  is 
hereby  repealed,  and  in  lieu  thereof  the  following  is  substituted: 

“Sec.  2.  That  hereafter  there  shall  be  received  in  the  Caswell  Training 
School,  subject  to  such  rules  and  regulations  as  the  board  of  directors  may 
adopt,  feebleminded  and  mentally  defective  persons  of  any  age,  when  in  the 
judgment  of  the  officer  of  public  welfare  and  the  board  of  directors  of  said 
institution  it  is  deemed  advisable.  All  applications  for  admission  must  be 
approved  by  the  local  county  welfare  officer  and  the  judge  of  the  juvenile 
court  or  the  clerk  of  the  court  of  the  county  wherein  said  applicant  resides.” 

Sec.  2.  That  all  laws  and  clauses  of  laws  in  conflict  with  this  act  are 
hereby  repealed. 

Sec.  3.  That  this  act  shall  be  in  force  from  and  after  its  ratification. 
Ratified  this  the  22d  day  of  February,  A.D.  1923. 


North  Carolina  Orthopaedic  Hospital 

Crippled  and  deformed  white  children  of  sound  mind,  under  sixteen  years 
of  age,  may  be  admitted  to  the  orthopssdic  hospital.  Arrangements  foi  the 
examination  and  treatment,  outside  the  institution,  of  older  children  and 
adults  may  be  arranged  by  appointment  with  the  surgeon-in-chief.  Clinics 
for  outside  patients  are  held  every  Tuesday  afternoon  at  two  o  clock.  In  the 
case  of  children  admitted  to  the  hospital,  the  parents,  or  guardian,  aie 
expected  to  bear  the  expense  of  treatment,  or  such  part  of  it  as  they  are  able. 
No  child  is  turned  away  because  its  parents  are  unable  to  pay.  The  institu¬ 
tion,  in  no  case,  pays  for  transportation,  or  for  braces  in  cases  Avhere  these 
are  necessary.  Application  for  admission  to  the  hospital  should  be  made  on 
blanks  furnished  by  the  institution. 


REGULATIONS  FOR  HEALTH  OP  CHILDREN 

Births  and  deaths  must  be  registered,  and  North  Carolina  is  now  in  the 

Federal  Registration  Area.  i 

Every  midwife  or  practicing  physician  must  immediately  instill  into  the 
eyS^of  tlm  nlw-born  babe  a  solution  furnished  by  the  State  Board  of  Hea 
■  ^  And  any  unnatural  condition  of  the  eyes  of  a  child 

und’eTtwo  weeks  old  must  be  immediately  reported  to  proper  medical  authori- 
ties. 


56 


State  Laws  on  Public  Welfare 


Control  of  all  infectious  or  contagious  diseases  is  in  the  hands  of  the  State 
Board  of  Health.  Vaccination  against  smallpox  and  other  contagious  diseases 
may  be  required  for  all  school  children  by  local  board  of  health. 

It  is  unlawful  to  sell  or  give  cigarettes,  or  tobacco  for  cigarettes,  to  any 
child  under  seventeen,  and  every  police  officer  is  specially  charged  with  seeing 
that  this  act  is  enforced. 

The  State  Board  of  Health  and  the  State  Superintendent  of  Public  Instruc¬ 
tion  are  charged  with  the  duty  of  seeing  that  every  child  attending  public 
school  in  the  State  shall  have  a  physical  examination  at  least  once  in  three 
years. 

Teachers  are  required  to  make  a  physical  examination  of  every  child 
attending  the  school  and  enter  on  cards  and  official  forms  furnished  by  the 
State  Board  of  Health  for  such  examination.  The  teacher  shall  transmit 
these  cards  and  other  forms  to  the  State  Board  of  Health.  The  board  of 
health  shall  have  these  cards  filed,  classified,  and  studied,  and  shall  notify 
the  parent  or  guardian  of  every  child  whose  card  shows  a  serious  defect,  and 
a  day  shall  be  designated  for  a  thorough  examination  of  the  child.  In  the 
counties  the  county  commissioners  shall  pay  to  the  State  Board  of  Health 
ten  dollars  per  hundred  children  enrolled  to  pay  for  treatment,  and  the  cities 
or  towns  with  separate  school  systems  to  be  paid  by  the  city  commissioners, 
aldermen,  etc.  A  special  appropriation  is  set  aside  out  of  the  educational 
fund  for  free  dental  treatment.  The  State  Board  of  Health  is  conducting 
dental  clinics  in  the  schools  of  the  several  counties  as  rapidly  as  possible. 
Dentists  examine  all  school  children  in  such  counties  and  provide  for  treat¬ 
ment. 

While  all  matters  pertaining  to  health  are  under  the  direct  supervision 
of  the  State  and  local  departments  of  health,  the  whole  question  of  health  is 
so  closely  related  to  welfare  that  there  must  be  the  closest  co-operation 
between  local  officials  of  the  two  departments.  Occasionally,  as  in  cases  of 
neglect,  a  case  becomes  primarily  a  problem  of  welfare. 

MOTHERS’  AID 

[Chapter  260,  Public  Laws  1923.] 

AN  ACT  TO  AID  NEEDY  ORPHAN  CHILDREN  IN  THE  HOMES  OF 

WORTHY  MOTHERS 

The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  That  the  boards  of  county  commissioners  of  the  several  coun¬ 
ties  of  the  State  are  hereby  authorized,  in  their  discretion,  to  make  an  allow¬ 
ance  to  any  eligible  mother  (as  hereinafter  explained  and  defined)  for  her 
support,  where  she  is  left  with  a  child  or  children  under  fourteen  years  of 
age,  under  the  conditions  hereinafter  set  forth. 

Sec.  2.  That  the  county  board  of  charities  and  public  welfare  of  any 
county,  after  investigation  by  the  county  superintendent  of  welfare,  may 
determine  what  amount  within  the  provisions  of  this  act  is  advisable  for  the 
care  of  a  child  or  children,  and  shall  recommend  to  the  board  of  county  com¬ 
missioners  that  an  appropriation  be  made  for  the  support  of  such  mother  and 
child  or  children  under  fourteen  years  of  age. 

Sec.  3.  That  the  maximum  amount  to  be  allowed  per  month  under  this  act 
shall  not  exceed  fifteen  dollars  for  one  child,  ten  dollars  additional  for  the 
second  child,  and  five  dollars  additional  for  the  third  child,  or  any  excess  of 
three:  Provided,  the  total  amount  shall  not  exceed  forty  dollars,  except  in 
extraordinary  circumstances  in  which  it  appears  to  the  satisfaction  of  the 
board  of  county  commissioners  that  a  total  of  forty  dollars  per  month  would 
be  insufficient  to  secure  the  purposes  above  set  forth. 


57 


State  Laws  on  Public  Welfare 


Sec.  4.  That  to  be  eligible  to  apply  for  mother’s  aid  a  woman  must  be  the 
mother  of  a  child  or  children  under  fourteen  years  of  age,  a  resident  of  the 
State  of  North  Carolina  for  three  years,  and  a  resident  of  the  county  for  one 
year  preceding,  and  possessed  of  sufficient  mental,  moral,  and  physical  fitness 
to  be  capable  of  maintaining  a  home  for  herself  and  child  or  children  and  pre¬ 
vented  only  from  lack  of  means.  Such  person  must  be  either  a  widow,  or 
divorced,  or  deserted,  if  it  be  found  impossible  to  require  the  husband  to  sup¬ 
port  her,  or  the  husband  is  found  to  be  mentally  or  physically  incapacitated 
to  support  his  family,  or  if  the  husband  be  confined  in  any  jail  and  assigned 
to  work  the  roads  of  any  county  or  in  any  penal  or  eleemosynary  institution, 
provided  no  relative  is  able  and  willing  to  undertake  sufficient  aid:  Provided, 
that  if  the  mother  is  given  partial  aid  or  assistance  by  any  relative  or  chari¬ 
table  organization,  the  board  of  county  commissioners,  in  their  discretion, 
may  make  allowance  to  such  mother  to  help  out  the  same  where  it  may  be 
necessary,  in  their  opinion  and  judgment. 

Sec.  5.  That  any  board  of  county  commissioners  taking  advantage  of  the 
provisions  of  this  statute  may  require  that  the  report  of  the  investigation  of 
the  county  superintendent  of  welfare  in  every  case  shall  be  presented  to  and 
approved  by  the  judge  of  the  juvenile  court  in  that  county  before  making  an 
appropriation. 


Sec.  6.  That  the  State  Board  of  Charities  and  Public  Welfare  shall  have 
general  oversight  of  the  administration  of  this  act  with  the  view  to  making  it 
uniform  throughout  the  State;  shall  furnish  all  necessary  blanks  and  give 
such  advice  and  help  as  it  can  in  order  to  aid  in  efficiently  securing  its  pur¬ 
pose.  The  county  superintendent  of  public  w'elfare  shall  make  his  report  on 
any  case  to  the  board  of  county  commissioners  in  duplicate,  one  copy  of  which 
shall  be  forwarded  at  once,  with  the  action  of  the  board  of  county  commis- 
siones  endorsed  thereon,  to  the  State  Board  of  Charities  and  Public  Welfare, 
and  one  filed  by  the  board  of  county  commissioners  with  its  records  in  the 
case.  The  State  Board  of  Charities  and  Public  Welfare  shall  at  once  notify 
the  board  of  county  commissioners  its  approval  or  disapproval  for  reimburse¬ 
ment  as  provided  in  section  eight  of  this  act,  and  the  said  board  may  suggest 
additional  requirements  for  the  consideration  of  the  board  of  county  com¬ 
missioners. 


Sec.  7.  That  after  investigation  by  the  county  welfare  officer,  when  the 
board  of  county  commissioners  shall  adjudge  that  a  mother  is  entitled  to  aid 
under  this  act,  said  board  of  county  commissioners  shall  determine  the 
monthly  amount  that  the  board  of  county  commissioners  may  allow  and  order 
its  treasurer  in  writing  to  pay  said  amount  to  the  person  designated  by  it 
and  continue  the  same  monthly  until  the  order  be  changed  oi  the  expiration 
of  the  time  for  which  the  order  is  limited. 


Sec.  8.  That  at  the  end  of  each  fiscal  quarter  the  treasurer  of  the  county 
wherein*  aid  has  been  granted  shall  furnish  an  itemized  statement  in  each 
case  of  amounts  paid,  duly  certified  by  him  under  oath,  to  the  State  Board  of 
Charities  and  Public  Welfare.  If  each  case  thereon  shall  have  been  approved 
by  the  State  Board  of  Charities  and  Public  Welfare  and  all  required  regula¬ 
tions  of  this  act  shall  have  been  fulfilled,  the  State  Board  of  Charities  and 
Public  Welfare  shall  certify  the  account  to  the  State  Treasurer,  whereupon 
the  State  Treasurer  shall  immediately  make  out  and  forward  to  such  county 
treasurer  his  voucher  for  one-half  of  the  total  amount  certified  as  having 
actually  been  paid  out  by  the  county.  Such  voucher  shall  be  made  out  against 
any  fund  in  the  treasury  not  otherwise  appropriated :  Provided,  the  total 
amount  for  the  State  shall  not  exceed  a  maximum  of  fifty  thousand  dollars 
($50  000)  per  year,  to  be  apportioned  among  all  the  counties  on  a  per  capita 
basis  ProuJed,  that  the  proportionate  share  of  any  county  not  availing 


58 


State  Laws  on  Public  Welfake 


itself  as  above  provided  by  this  act  shall  remain  in  the  hands  of"  the  State 
Treasurer  until  otherwise  appropriated. 

Sec.  9.  That  all  laws  and  clauses  of  laws  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed. 

Sec.  10.  That  this  act  shall  be  in  force  from  and  after  its  ratiflcation. 

Ratifled  this  the  26th  day  of  February,  A.  D.  1923. 

STATE  INSTITUTIONS  FOR  CHILDREN 

STONEWALL  JACKSON  MANUAL  TRAINING  AND  INDUSTRIAL  SCHOOL 
Superintendent,  Ciias.  E.  Roger,  Concord,  N.  C.  , 

Receives  delinquent  white  boys  under  sixteen  years  of  age,  by  court  com¬ 
mitment.  Established  1907. 

SAMARCAND  MANOR 

Superintendent,  Miss  Agnes  McNaughton,  Samarcand,  N.  C. 

Receives  delinquent  white  girls  by  court  commitment  or  voluntary  request. 
Established  1918. 

THE  STATE  TRAINING  SCHOOL  FOR  NEGRO  BOYS 

Receives  delinquent  negro  boys  under  sixteen  years  old,  by  court  commit¬ 
ment.  Established  1921.  Not  yet  open. 

CASWELL  TRAINING  SCHOOL 
Superintendent,  Dr.  C.  Banks  McNairy,  Kinston,  N.  C. 

Receives  feebleminded  white  boys  and  girls  between  the  ages  of  six  and 
twenty-one,  and  feebleminded  adults  in  certain  cases.  Established  1911. 

ORTHOPEDIC  HOSPITAL 
Surgeon-in-Chief,  Dr.  0.  L.  Miller,  Gastonia,  N.  C. 

Receives  white  children  under  sixteen  years.  Free  examination  and  sur¬ 
gical  services  to  those  unable  to  pay.  Established  1917. 

SCHOOL  FOR  THE  BLIND  AND  DEAF 
Superintendent,  G.  E.  Lineberry,  Raleigh,  N.  C. 

Receives  white  blind  children  of  sound  mind  between  the  ages  of  seven 
and  twenty-one,  special  cases  from  six.  Receives  colored  deaf  and  blind  in 
a  separate  institution. 

SCHOOL  FOR  THE  WHITE  DEAF 
Superintendent,  E.  McK.  Goodwin,  Morganton,  N.  C. 

Receives  deaf  white  children  between  the  ages  of  seven  and  twenty-three. 


COUNTY  INSTITUTIONS  FOR  CHILDREN 


Buncombe  County  Home — Miss  Emma  Donoho . Asheville 

Union  County  Home— Rev.  E.  C.  Snyder . Monroe 

Wake  County  Detention  Home . Raleigh 

Wright  Refuge  . Durham 

Buncombe  County  Reformatory . Asheville 

Forsyth  County  Reformatory . Winston-Salem 


50 


State  Laws  on  Public  Welfare 

PRIVATE  INSTITUTIONS  FOR  CHILDREN 

Maternity  Homes 

Faith  Cottage — Rev.  L.  B.  Compton . 

Florence  Crittenden  Home — Mrs.  G.  H.  Johnson 
Rest  Cottage — Miss  Mary  Diinkimi . 


....Asheville 

....Charlotte 

Greensboro 


Child-Placing  Society 

N.  C.  Childien  s  Home  Society,  Inc. — J.  J.  Phoenix . Greensboro 

Private  Child-Caring  Institutions  for  Dependent  Children 

Alexander  Home — Mrs.  Fanny  Sharpe . Charlotte 

Baptist  Orphanage  and  Kennedy  Home— Rev.  M.  L.  Kesler . Thomasville 

Christian  Orphanage — Charles  D.  Johnson . Elon  College 

Colored  Orphans’  Home — Rev.  W.  J.  Poindexter . Winston-Salem 

Eliada  Orphanage — Rev.  L.  B.  Compton . Asheville 

Falcon  Orphanage — J.  A.  Ciilbreth  . Falcon 

Freewill  Baptist  Orphanage — C.  G.  Pope . Middlesex 

Grandfather  Orphans’  Home — J.  W.  Holcomb . Banner  Elk 

Methodist  Orphanage — Rev.  A.  S.  Barnes . Raleigh 

Methodist  Children’s  Home — Rev.  Charles  A.  Woods . Winston-Salem 

Methodist  Protestant  Home — H.  A.  Garrett . High  Point 

Mountain  Orphanage — ^R.  D.  Bedinger . Black  Mountain 

Nazareth  Orphan  Home — A.  S.  Peeler . Crescent 

Odd  Fellows’  Orphan  Home — Charles  H.  Warren . Goldsboro 

Oxford  Orphanage — R.  L.  Brown . Oxford 

Oxford  Orphanage  (colored) — H.  P.  Cheatham . Oxford 

Presbyterian  Orphans’  Home — Joseph  P.  Johnson . Barium  Springs 

Pythian  Orphanage — C.  W.  Pender . Clayton 

Roman  Catholic  Orphanage — Rev.  George  Woods . Raleigh 

St.  Anne’s  Orphanage — Sister  Mary  Clare . . . Belmont 

Thompson  Orphanage — -Rev.  W.  H.  Wheeler . Charlotte 


Mary  Lee  Home  for  Dependent  Children  (colored) — Mary  Lee  Byerly 

High  Point 

HOSPITALS  FOR  THE  INSANE 

C.  S.  6151.  Iiicoiiioratioii  and  names.  The  hospital  for  the  insane, 
located  near  Morganton,  shall  be  and  remain  a  corporation  under  this  name: 
The  State  Hospital  at  Morganton.  The  hospital  for  the  insane,  located  near 
Raleigh,  shall  be  and  remain  a  corporation  under  this  name:  The  State 
Hospital  at  Raleigh.  The  hospital  for  the  insane,  located  near  Goldsboro, 
shall  be  and  remain  a  corporation  under  this  name:  The  State  Hospital  at 
Goldsboro.  Under  their  respective  names  each  corporation  is  invested  with 
all  the  property  and  rights  heretofore  held  by  each,  under  whatsoevei  name 
called  or  incorporated,  and  all  other  corporate  names  are  hereby  abolished. 
Hereafter  in  this  chapter,  when  the  above  names  are  used,  they  shall  be 
deemed  to  relate  back  to  and  include  the  corporation  under  whatsoever  name 
it  might  heretofore  have  had. 

C  S.  6152.  Power  to  acquire  and  hold  property.  The  State  Hospital 
at  Morganton,  and  the  State  Hospital  at  Raleigh,  and  the  State  Hospital  at 
Goldsboro,  may  each  acquire  and  hold,  for  the  purpose  of  its  institution, 
real  and  personal  property,  by  devise,  bequest,  or  by  any  manner  of  gitt. 
purchase,  or  conveyance  whatsoever. 


60 


State  Laws  on  Public  Welfaee 


C.  S.  6153.  Division  of  territoi*;^' ;  Goldsboro  for  colored  insane.  The 
State  Hospital  at  Morganton  and  the  State  Hospital  at  Raleigh  shall  be 
exclusively  for  the  accommodation,  maintenance,  care  and  treatment  of 
white  insane  of  this  State,  and  the  State  Hospital  at  Goldsboro  shall  be 
exclusively  for  the  accommodation,  maintenance,  care  and  treatment  of  the 
colored  insane  and  inebriates  of  this  State.  The  line  heretofore  agreed  upon 
by  the  directors  of  the  State  Hospital  at  Morganton  and  the  State  Hospital 
at  Raleigh  shall  be  the  line  of  division  between  the  territories  of  the  said 
hospitals,  and  white  insane  persons  and  inebriates  settled  in  counties  west 
of  said  line  shall  be  admitted  only  into  the  State  Hospital  at  Morganton.  and 
white  insane  persons  and  inebriates  settled  in  counties  to  the  east  of  said 
line  shall  be  admitted  only  into  the  State  Hospital  at  Raleigh.  The  board 
of  directors  hereinafter  provided  for  may  change  said  line  from  time  to  time 
whenever  in  their  opinion  such  change  may  be  proper,  and  they  may  transfer 
patients  from  one  hospital  to  the  other  when  such  transfer  may  be  deemed 
advantageous.  That  portion  of  the  State  which  is  or  may  hereafter  be  west 
of  said  division  line  shall  be  known  as  the  western  hospital  district,  and  that 
portion  of  the  State  which  is  or  may  hereafter  be  east  of  said  line  shall  be 
known  as  the  eastern  hospital  district. 

C.  S.  6154.  Cherokee  Indians  of  Robeson  County  and  Croatan  Indians 
of  other  counties.  All  the  insane  and  inebriate  Cherokee  Indians  of  Robe¬ 
son  County,  and  all  the  insane  and  inebriate  Croatan  Indians  of  the  other 
counties  of  the  State  shall  be  cared  for  in  the  hospital  for  the  insane  at 
Raleigh  in  wards  separate  and  apart  from  the  white  patients  in  said  hospital, 
and  all  such  Cherokee  Indians  of  Robeson  County  and  Croatan  Indians  of 
the  other  counties  of  the  State  shall  be  cared  for  and  receive  the  same  treat¬ 
ment  as  other  patients  in  said  hospital  receive. 

C.  S.  6155.  Epileptics  cared  for  at  Raleigh.  Whenever  it  becomes 
necessary  for  any  white  person  of  this  State,  afflicted  with  the  disease  known 
as  epilepsy,  to  be  confined  or  to  receive  hospital  treatment,  such  person  shall 
be  accommodated,  maintained,  cared  for,  and  treated  at  the  State  Hospital 
at  Raleigh.  Such  epileptics  shall  be  committed  by  the  clerks  of  the  Superior 
Courts  of  the  several  counties  to  the  State  Hospital  at  Raleigh  in  the  manner 
now  provided  by  law  for  the  commitment  of  insane  persons  to  the  several 
hospitals  for  the  insane;  and  when  such  persons  shall  be  committed  it  shall 
be  the  duty  of  the  superintendent  of  the  State  Hospital  at  Raleigh,  and  he 
is  required,  to  receive  such  persons  and  care  for,  maintain,  and  treat  them 
at  the  hospital  at  Raleigh,  if  the  superintendent  shall  find  such  persons  to 
be  afflicted  to  such  extent  as  properly  to  become  a  public  charge:  Provided, 
that  any  person  so  committed  who  is  able  to  pay  shall  be  charged  actual  cost 
of  maintenance.  All  epileptics  confined,  cared  for,  and  maintained  at  the 
State  Hospital  at  Morganton  shall  be  transferred  to  the  State  Hospital  at 
Raleigh. 

C.  S.  6168.  Board  of  Charities  and  General  Assembly,  visitors;  super¬ 
intendent  reports,  to  whom.  The  State  Board  of  Charities  and  Public 
Welfare  and  the  members  of  the  General  Assembly  shall  be  ex  offieio  visitors 
of  all  hospitals  for  the  insane.  It  shall  be  the  duty  of  the  State  Board  of 
Charities  to  visit  the  hospitals  from  time  to  time,  as  they  may  deem  expe¬ 
dient,  to  examine  into  their  condition,  and  make  report  thereon  to  the 
General  Assembly,  with  such  suggestions  and  remarks  as  they  think  proper. 

C.  S.  6173.  Superintendent;  appointment,  term  of  office,  qualifications, 
and  removal.  The  board  of  directors  shall  appoint  a  superintendent  of 
each  of  said  institutions  and  prescribe  his  duties.  He  shall  be  a  skilled 


State  Laws  on  Public  Welfare 


61 


physician  educated  to  his  profession,  of  good  moral  character,  of  prompt 
business  habits,  and  of  kindly  disposition.  He  shall  hold  office  for  six  years 
from  and  after  his  appointment,  unless  sooner  removed  by  said  board,  who 
niay,  for  infidelity  to  his  trust,  gross  immorality,  or  incompetency  to  dis¬ 
charge  the  duties  of  his  office,  fully  proved  and  declared,  and  the  proofs 
thereof  recorded  in  the  book  of  their  proceedings,  remove  him  and  appoint 
another  in  his  place. 


C.  S.  6174.  Powers  of  superintendent.  The  superintendent  of  each 
hospital  shall  exercise  exclusive  direction  and  control  over  all  the  subordi¬ 
nate  officers  and  employees  engaged  in  the  service  and  labors  of  his  hospital, 
and  he  may  discharge  such  as  have  been  employed  by  himself  or  his  prede¬ 
cessors,  and  shall  report  to  the  board  of  directors  the  misconduct  of  all 
subordinates. 


C.  S.  6175.  Superintendent  to  notify  sheriff  of  escape.  Any  superin¬ 
tendent  may  notify  the  sheriff  within  whose  county  any  person  sent  from 
his  hospital  on  probation,  or  escaped  therefrom,  may  be  found,  and  there¬ 
upon  it  shall  be  the  duty  of  such  sheriff  forthwith  to  take  such  person  and 
return  him  to  such  hospital  at  the  expense  of  the  county  of  the  settlement 
of  the  patient. 

C.  S.  6184.  Persons  adjudged  insane  entitled  to  iniinediate  admission. 
Any  resident  of  North  Carolina  who  has  been  legally  adjudged  to  be  insane 
by  the  clerk  of  the  court  or  other  properly  authorized  person,  in  accordance 
with  the  provisions  of  this  chapter,  shall  be  entitled  to  immediate  admission 
into  the  State  Hospital  at  Morganton,  the  State  Hospital  at  Raleigh,  or  the 
State  Hospital  at  Goldsboro,  in  accordance  with  the  principles  of  division  as 
to  race  and  residence  prescribed  in  this  chapter;  and  no  resident  of  the 
State  who  has  been  legally  adjudged  insane  and  who  has  been  presented  to 
the  superintendent  of  the  proper  State  hospital  for  the  insane  as  provided  in 
this  article,  shall  be  refused  admission  thereto;  but  nothing  in  this  article 
shall  be  construed  to  affect  the  discharge  or  transfer  of  patients  as  now 
provided  by  law. 


C.  S.  6185.  Idiots  not  admitted.  No  idiot  shall  be  admitted  to  any 
hospital,  and  for  the  purpose  of  this  chapter  an  idiot  is  defined  to  be  a  person 
born  deficient  in  mind. 


C.  S.  6186.  Priority  given  to  indigent  patients;  payment  required  from 
others.  In  the  admission  of  patients  to  any  State  hospital,  priority  of 
admission  shall  be  given  to  the  indigent  insane;  but  the  board  of  directors 
may  regulate  admissions,  having  in  view  the  curability  of  patients,  the  wel¬ 
fare  of  the  institutions,  and  the  exigencies  of  particular  cases.  The  board  of 
directors  may,  if  there  be  sufficient  room,  admit  other  than  indigent  patients 
upon  payment  of  proper  compensation.  If  any  inmate  of  any  State  hospital 
shall  require  private  apartments,  extras,  or  private  nurses,  the  directors,  if 
practicable,  shall  provide  the  same  at  a  fair  price  to  be  paid  by  such  patient. 
Upon  the  death  of  any  nonindigent  patient,  the  State  hospital  may  maintain 
an  action  against  his  estate  for  his  support  and  maintenance  for  a  period  of 
five  years  prior  to  his  death. 


C  S.  6187.  Only  bona  fide  residents  admitted  to  hospitals.  No  clerk 
of  tile  court  or  justice  of  the  peace  shall  commit  to  a  hospital  any  person 
who  is  not  a  Iona  Me  citizen  and  resident  of  this  State;  and  no  person  who 
shall  have  removed  into  this  State  from  another  State  while  insane  shall  he 
deemed  a  resident  or  citizen  of  this  State;  and  no  length  of  residence  m  this 


62 


State  Laws  os  Public  Welfake 


State  of  a  person  who  was  insane  at  the  time  he  moved  into  this  State  shall 
be  sufficient  to  make  that  person  a  citizen  or  resident  of  North  Carolina 
within  the  meaning  of  this  chapter.  If  any  clerk  or  justice  of  the  peace  shall 
knowingly  commit  to  any  hospital  a  person  who  is  not  a  bona  fide  citizen  and 
resident  of  the  State,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  convic¬ 
tion  shall  be  fined  or  imprisoned  at  the  discretion  of  the  court. 

C.  S.  6188.  Findings  as  to  residence  in  examination  reported.  In  every 
examination  of  an  alleged  insane  person  it  shall  be  the  duty  of  the  clerk  or 
justice  of  the  peace  to  particularly  inquire  whether  the  alleged  insane  person 
is  a  resident  of  this  State,  as  hereinbefore  set  forth,  and  he  shall  state  his 
findings  upon  the  subject  in  his  report  to  the  superintendent  of  the  hospital. 
If  it  is  not  possible  to  ascertain  the  legal  residence  of  the  alleged  insane  per¬ 
son,  and  the  clerk  or  justice  of  the  peace  shall  be  of  the  opinion  that  the 
insane  person  is  a  resident  of  this  State,  within  the  meaning  of  this  law,  he 
shall  state  that  he  was  unable  to  ascertain  the  legal  residence  of  the  insane 
person,  and  shall  commit  him  to  the  hospital  of  his  district. 

C.  S.  6189.  Settlement  of  patient  determined.  For  the  purposes  of 
this  chapter  the  settlement  of  every  person  admitted  to  a  State  hospital  as 
insane  shall  be  in  the  county  where  the  actual  place  of  his  residence  at  his 
admission  may  be  situated,  when  such  settlement  comes  in  question,  but  no 
person  can  have  a  settlement  in  any  county  in  this  State  unless  he  is  a  bona 
fide  citizen  and  resident  of  this  State,  and  was  so  before  mental  disease 
became  manifest. 

C.  S.  6190.  Affidavit  of  insanity  to  procure  admission.  For  admission 
into  a  State  hospital  the  following  proceedings  shall  be  had:  Some  respect¬ 
able  citizen,  residing  in  the  county  of  the  alleged  insane  person,  shall  make 
before  and  file  with  the  clerk  of  the  Superior  Court  of  the  county  an  affidavit 
in  writing,  which  shall  be  substantially  in  the  following  form: 

State  of  North  Carolina,  . County. 

The  undersigned,  residing  in  said  county,  makes  oath  that  he  has  carefully 

examined . ,  and  believes  him  to  be  an  insane  person,  and  to 

be,  in  the  opinion  of  the  undersigned,  a  fit  subject  for  admission  into  a  hos¬ 
pital  for  the  insane. 

Dated . day  of . . . ,  A.  D.  19 . 


Affiant. 

Sworn  and  subscribed  before  me. 


Clerk  Superior  Court. 

C.  S.  6191.  Clerk  to  issue  order  for  examination.  Whereupon,  unless 
the  person  in  whose  care  or  custody  the  insane  person  is  will  agree  to  bring 
him  before  the  clerk  without  a  warrant,  or  unless  the  clerk  shall  be  of  the 
opinion  that  it  will  be  injurious  to  the  insane  person  to  be  brought  before 
him,  the  clerk  shall  issue  a  precept,  directed  to  the  sheriff  or  other  lawful 
officer,  substantially  in  the  following  form: 

State  of  North  Carolina, 

To  the  Sheriff  or  other  lawful  officer  of . County — Greeting: 

Whereas,  information,  on  oath,  has  been  laid  before  me  that . 

is  insane,  you  are  hereby  commanded  to  bring  him  before  me  within  the  next 
ten  days  that  necessary  proceedings  may  be  had  thereon. 

Given  under  my  hand, . day  of . ,  A.  D.  19 . 


Clerk  Superior  Court. 


State  Laws  on  Public  Welfare 


63 


C.  S.  6192.  Clerk  and  physician  to  make  examination.  If  the  alleged 
insane  person  be  confined  in  jail  otherwise  than  for  crime,  the  sheriff  shall 
remove  him  from  the  jail  upon  order  from  the  clerk.  Upon  the  bringing  of 
the  alleged  insane  person  before  the  clerk  by  his  friends,  or  upon  the  return 
of  the  precept  with  the  body  of  the  insane  person,  the  clerk  shall  call  to  his 
assistance  the  county  physician  of  the  county,  or  some  other  licensed  and 
reputable  physician,  resident  of  this  State,  and  shall  proceed  to  examine  into 
the  condition  of  mind  of  the  alleged  insane  person.  He  shall  take  testimony 
of  at  least  one  licensed  physician,  resident  of  this  State,  and,  if  possible,  a 
member  of  the  family,  or  some  friend  or  person  acquainted  with  the  alleged 
insane  person,  who  has  had  opportunities  to  observe  him  after  such  insanity 
is  said  to  have  begun. 


C.  S.  6193.  Clerk  may  discharge  person,  require  bond,  or  commit  to 
hospital.  If  the  clerk,  after  his  examination  of  the  alleged  insane  person, 
and  the  hearing  of  the  testimony  as  aforesaid,  shall  decide  that  such  person 
is  sane,  he  shall  forthwith  discharge  him.  If  he  shall  decide  that  such  person 
is  insane,  and  some  friend,  as  he  may  do,  will  not  become  bound  with  good 
security  in  an  amount  to  be  fixed  by  the  clerk  to  restrain  him  from  commit¬ 
ting  injuries,  and  to  keep,  support,  and  take  care  of  him  until  the  cause  for 
confinement  shall  cease,  he  shall  direct  such  insane  person  to  be  removed  to 
the  proper  hospital  as  a  patient,  and  to  that  end  he  shall  transmit  to  the 
proper  board  of  directors  the  examination  of  the  witnesses,  and  the  state¬ 
ment  of  such  facts  as  he  shall  deem  pertinent  to  the  subject-matter. 


C.  S.  6194.  Examination  at  home  of  patient.  If  the  clerk  of  the  court 
shall  be  of  the  opinion  that  it  will  be  injurious  to  the  alleged  insane  person 
to  be  brought  before  him,  the  clerk  shall  proceed  to  the  residence  or  habita¬ 
tion  of  said  person  ^and  take  the  examination  there. 


C.  S.  619  5.  When  justice  of  the  peace  may  make  exami'iation.  In  a 
case  of  emergency,  when  for  any  reason  the  clerk  of  the  court  cannot  go  or 
is  absent  from  the  county,  then  any  justice  of  the  peace  is  authorized  to 
proceed  in  like  manner  by  taking  the  testimony  of  the  physician  and  other 
witnesses,  as  is  before  provided  for  in  this  chapter,  and  report  the  same  to 
the  clerk.  If  the  clerk  is  satisfied  that  the  alleged  insane  person  is  a  fit 
subject  for  a  hospital  for  the  insane,  he  shall  issue  an  order  for  his  commit¬ 
ment.  In  cases  of  great  emergency  or  inconvenience,  the  said  justice  may 
commit  a  patient  to  a  hospital,  and  the  superintendent  is  authorized  to 
receive  him,  but  the  justice  shall  procure  an  order  from  the  clerk  to  be  for¬ 
warded  to  the  superintendent  within  thirty  days. 


Amendments  of  Admission  Requirements 
[Chapter  144,  Public  Laws  1923] 

AN  ACT  TO  AMEND  THE  STATUTE  RELATING  TO  THE  ADMISSION 
OF  PATIENTS  TO  THE  HOSPITAL  FOR  THE  INSANE 


The  General  Assembly  of  No7’th  Carolina  do  enaet. 

Section  1.  That  section  six  thousand  one  hundred  ninety-three  of  the 
Consolidated  Statutes  of  one  thousand  nine  hundred  and  nineteen  be  and 
the  same  is  hereby  amended  by  adding  at  the  end  thereof  the  following: 

[he  clerk  (or  justice  under  section  six  thousand  one  hundred  and  ninety- 
flvel  is  satisfied  atter  the  examination  herein  provided,  that  the  peison  is 
insane  or  an  Inebriate  within  the  definition  of  chapter  one  hundred  and  fifty- 


64 


State  Laws  on  Public  Welfare 


six  of  the  Public  Laws  of  one  thousand  nine  hundred  and  twenty-one,  he 
shall  make  the  following  order  and  commitment  to  the  proper  State  hospital 
in  substantially  the  following  form: 

State  of  North  Carolina . County. 

/State  of  'North  Carolina, 

To  the  State  Hospital  at . ,  N.  G. — Greeting: 

Whereas,  it  has  been  made  satisfactorily  to  appear  to  me,  . , 

Clerk  of  the  Superior  Court  of  said  county,  after  a  proper  examination  of 

. ,  a  person  having  his  legal  settlement  in  this  county, 

that  he  is  insane,  epileptic  or  addicted  to  the  use  of  drugs  or  alcohol  (draw 
a  pen  through  terms  not  applying),  that  he  is  a  hona  fide  citizen  of  the  State, 
and  that  he  has  a  legal  settlement  in  said  county  and  is  a  fit  subject  for 

care  and  treatment  in  the  State  Hospital  at . ,  and  that  he, 

being  at  large,  is  injurious  to  himself  and  disadvantageous  if  not  dangerous 
to  the  community: 

These  are,  therefore,  to  command  you  to  receive  said . 

into  the  State  Hospital  at . for  care  and  treatment  as 

provided  for  by  the  laws  of  this  State. 

Given  under  my  hand  and  official  seal,  this . day  of . ,  19 . 


Cleric  Superior  Court,  . . . County. 

If  the  proceedings  are  to  be  before  a  justice  of  the  peace  under  section  six 
thousand  one  hundred  and  ninety-five  of  the  Consolidated  Statutes,  the 
following  certificate  shall  be  appended  to  the  commitment  by  said  justice  of 
the  peace: 

I  have  examined  the  testimony  as  herein  set  forth,  and  am  satisfied  that 

. is  a  fit  subject  for  treatment  in  the  State  Hospital 

at . ,  N,  C. 

Given  under  my  hand  and  official  seal,  this . day  of . ,  19 . 


Cleric  Superior  Court. 

If  the  patient  is  a  pauper,  the  following  shall  be  filled  out  and  accompany 
the  commitment: 

State  of  North  Carolina,  . County. 

I,  . ,  Clerk  of  the  Superior  Court  of  the  above 

county,  do  hereby  certify  that . is  a  poor  person  and 

has  no  estate  or  property  except . 


nor  has  any  one  such  property  who  is  liable  for  his  maintenance  under 
chapter  one  hundred  and  fifty-six  of  the  Public  Laws  of  one  thousand  nine 
hundred  and  twenty-one. 

Given  under  my  hand  and  official  seal,  this . day  of . ,19 . 


Cleric  Superior  Court. 


65 


State  Laws  on  Public  Welfare 
State  of  North  Carolina 

^  ’  . County. 

hereby 'certily  'that . ’  Superior  Court  ot  said  county,  do 

linaiiciallv  ablp  tn  TTP-tr  fr.  . '• . property  of  his  own  and  is 

chapter  one  hundred  and  flfty'LTt  "thTp"  n’-  “i  ""'ie'' 

hundred  and  twenty-one  are  liable  for  his  ma^ntenlnce  who  havradequi"e 
property  to  pay  for  the  same  in  the  State  Hospital  at .  N  c 

Given  under  my  hand  and  official  seal,  this . day  of . ZZ. '  ..,19 '  ' 


Clerk  Superior  Cour't. 

admission  and  commitment  to  a  particular  hospital 
pnn  forwarded  to  such  hospital,  and  immediately  upon  receipt  of  said 
application  if  there  shall  be  room  for  said  patient  in  said  hospital,  the 
superintendent  shall  immediately  notify  the  clerk  of  the  court  that  the 
patient  will  be  admitted  at  once.  The  receipt  of  said  notice  by  said  clerk  of 
the  court  shall  constitute  his  authority  to  convey  said  patient  to  said  hospital 
or  immediate  admission:  Provided,  however,  nothing  herein  shall  prevent 
the  superintendent  of  said  hospital  from  sending  immediately  a  representa¬ 
tive  of  said  hospital  to  convey  said  patient  thereto. 

Sec.  2.  That  section  six  thousand  one  hundred  and  ninety-six  of  the  Con¬ 
solidated  Statutes  of  one  thousand  nine  hundred  and  nineteen  be  amended 

by  striking  out  the  questions  stated  therein  and  substituting  therefor  the 
following: 


1.  What  is  patient’s  name?  A . 

2.  When  was  patient  born?  A . ;  Present  age . 

3.  Where  was  patient  born?  A . 

4.  Is . or . married,  single  or  divorced?  A . 

5.  If  married  woman,  give  maiden  name.  A . 

6.  Name  and  birthplace  of  father.  A . 

7.  Maiden  name  and  birthplace  of  mother.  A . 

8.  Occupation  of  patient  for  past  five  years.  A . 

9.  Present  occupation.  A . 

If  no  occupation,  how  supported?  A . 

10.  Education:  Collegiate,  common  school,  grammar,  elementary,  none. 

A .  Professional  or  technical . 

11.  Were  mother  and  father  related?  A . . . . . 

12.  Was  either  parent  or  grandparent  or  any  children  of  patient  or  other 

blood  relation  ever  insane,  epileptic,  feebleminded,  inebriate,  paralytic,  phys¬ 
ically  deformed,  tubercular,  diabetic,  etc.?  Specify.  A . 


13., If  any  of  them  were  ever  in  any  institution,  state  where  and  when. 
A . 

14.  Was  patient  ever  charged  or  convicted  of  any  crime?  If  so,  what  and 

when?  A . - . 

15.  Is  patient  now  charged  with  crime?  If  so,  what?  A . 

16.  Is  patient  now  in  jail?  If  so,  how  long?  A . . . 

17.  Is  patient  now  in  county  home?  If  so,  how  long?  A . 

18.  When  was  the  change  first  observed  in  the  patient’s  appearance  and 

conduct  indicating  insanity?  A . 

19.  What  were  the  principal  mental  changes  and  symptoms  observed  at 

that  time?  A . 

5 


66 


State  Laws  on  Public  Welfare 


20.  Did  they  develop  rapidly  or  gradually?  A . 

21.  What  symptoms  are  present  at  the  present  time?  A . 

22.  Has  patient  had  previous  attacks?  If  so,  how  many  and  was . or 

. treated  in  a  hospital?  If  so,  when  and  where?  A . 


23.  What  did  the  patient  say  or  do  in  your  presence  indicating  insanity? 

A . 

24.  Has  patient  delusions  or  hallucinations?  A . 

25.  Is  patient  destructive?  If  so,  what  has . or . destroyed? 

A . . 

26.  Has  patient  ever  attempted  suicide?  A . 

27.  Has  patient  ever  threatened  suicide?  A . : . 

28.  Has  patient  ever  attempted  homicide?  A . 

29.  Has  patient  ever  threatened  homicide?  A. . 

30.  Has  patient  injured  or  attempted  to  injure  h . self  or  others?  If  so, 

whom,  when  and  in  what  manner?  A . 


31.  State  any  other  facts  relative  to  behavior  of  patient  indicating  insanity. 

A . 

32.  Is  patient  feebleminded?  A . 

33.  Is  patient  an  idiot?  A . 

34.  What  is  the  present  salary  of  the  patient?  A... . 

35.  How  many  dependent  on . or .  for  support?  A . 

36.  What  is  the  value  of . or . property?  A . 

37.  What  is . or . annual  income?  A . 

38.  If  a  minor,  state  occupation  of  patient’s  father.  A . 

39.  What  is  father’s  salary?  A . 

40.  What  is  the  value  of  his  property?  A . 

41.  What  is  his  annual  income?  A . 

42.  The  following  questions  should  be  aswered  if  patient  is  a  drug  addict 
or  inebriate: 

(1)  Is  patient  addicted  to  the  use  of  alcohol,  morphine,  cocaine,  heroin, 
or  any  other  drugs?  If  so,  what  drug?  A . 


(2)  In  what  manner  (hypodermically  or  mouth),  and  how  much  does 

patient  take?  A . 

(3)  How  long  has  patient  been  an  addict?  A . 

(4)  Has  patient  ever  been  treated  for  inebriety?  If  so,  where  and  when? 

A . 

43.  The  following  questions  should  be  answered  if  patient  is  an  epileptic: 

(1)  At  what  age  did  epilepsy  first  appear?  A . *... 

(2)  How  long  since  first  attack?  A . 

(3)  Do  seizures  occur  day  or  night,  or  both  times?  A . 

(4)  How  often  do  attacks  occur?  A . 

(5)  Are  attacks  accompanied  by  frothing  at  the  mouth . . ,  invol¬ 
untary  passage  of  urine . ,  of  feces . ,  or  biting  of 

tongue?  A . 

(6)  Has  patient  been  burned  or  otherwise  injured  during  seizures?  A . 


(7)  Are  seizures  grand  or  petit  mal,  or  both?  A . 

(8)  What  mental  changes  have  taken  place  in  patient?  A . 

(9)  Is  the  patient  incapable  of  protecting  . self  against  ordinary 

dangers  without  an  attendant?  A . 

44.  Give  the  name  of  nearest  relative  or  friend  with  whom  superintendent 

can  correspond  relative  to  condition  of  patient.  A . ; 

relationship  and  address . 


State  Laws  on  Public  Welfare 


67 


45.  How  could  the  above  party  be  communicated  with  quickest  in  case  of 

emergency?  A . 

46.  In  case  the  hospital  can  accept  patient,  at  what  point  could  i)atient  be 

delivered  to  representative  of  hospital?  A . 

Sec.  3.  All  laws  and  parts  of  laws  in  conflict  with  this  act  are  hereby 
repealed. 

Sec.  4.  This  act  shall  take  effect  from  and  after  its  ratiflcation. 

Ratifled  this  the  3d  day  of  March,  A.  D.  1923. 


C.  S.  6197.  Clerk  to  keep  record  of  exaiiiiiiation  and  discharge.  The 
clerk  will  keep  a  record  of  all  examinations  of  persons  alleged  to  be  insane; 
and  he  shall  record  in  such  record  a  brief  summary  of  the  proceedings  and 
of  his  findings,  and  whenever  a  justice  of  the  peace  shall  transmit  to  the 
clerk  a  report  of  his  proceedings  when  he  shall  have  examined  a  person  under 
the  powers  granted  under  this  chapter  the  clerk  shall  make  a  record  of  his 
proceedings,  and  for  recording  the  justice’s  proceedings  he  shall  be  entitled 
to  a  fee  of  twenty-five  cents,  to  be  paid  by  the  county  aforesaid,  and  he  shall 
keep  a  record  of  all  probations  and  discharges  provided  for  in  article  four 
of  this  chapter. 


C.  S.  619  8.  Fees  for  examination.  The  following  fees  shall  be  allowed 
to  the  officers  who  make  the  examination  and  they  shall  be  paid  by  the 
county  in  which  the  alleged  insane  person  is  settled:  To  the  clerk  or  justice 
who  makes  the  examination,  two  dollars,  and  if  the  clerk  goes  to  the  home 
of  the  insane  person  he  shall  be  entitled,  in  addition  to  this  sum,  to  five  cents 
a  mile  each  way.  This  shall  cover  his  entire  cost  in  taking  the  examination 
and  making  out  the  necessary  papers. 

The  physician  called,  in  the  absence  of  the  county  physician,  shall  be 
entitled  to  two  dollars  with  mileage.  The  county  physician,  being  a  salaried 
officer,  is  not  allowed  any  fee  for  his  services  in  this  examination.  The 
sheriff  shall  be  entitled  to  such  fees  as  are  now  allowed  by  law  for  the  service 
of  process  of  similar  character. 


C.  S.  6199.  Superintendent  of  hospital  notified;  attendant  to  convej 
patient.  Whenever  any  insane  person  shall  be  entitled  to  admission  into 
any  one  of  the  hospitals  of  the  State,  and  the  clerk  of  the  Superior  Court  or 
other  officer  authorized  by  law  to  find  such  person  insane  has  so  found,  and 
has  been  notified  that  such  insane  person  will  be  admitted  into  the  hospital, 
it  shall  be  the  duty  of  the  clerk  or  justice  of  the  peace  forthwith  to  noti  y 
the  superintendent  of  such  hospital,  giving  the  race,  name,  sex,  and  age  ot 
the  patient,  and  it  shall  be  the  duty  of  such  superintendent,  unless  said 
patient  has  been  exposed  to  a  contagious  disease  as  hereinafter  mentioi  ed 
in  this  article,  to  send  an  attendant  to  bring  such  insane  person  to  the 
hospital.  Such  an  attendant  shall  have  all  such  rights  as  the  shen 
other  officer  has  heretofore  had  to  convey  the  insane  person  to  the  hospitc  . 

r  q  620  0  Bill  of  expense  sent  to  county  coininissioners.  Upon  the 
arri;al  of  such  insane  person  at  the  hospital,  the  superintendent  shall  send 
to  the  board  of  commissioners  of  the  county  in  which  such  insane  l^^rson  had 
a  settlement  a  bill  covern^  the  cos^s  of  con^^^^^  e 

rf  f^tl^  climissioners  forthwith  to  repay  to  such 

hospital  the  amount  of  such  bill. 


68 


State  Laws  ox  Public  Welfare 


C.  S.  6201.  Failure  of  superintendent  to  send  attendant;  sheriff  to  act. 
If  the  superintendent  of  any  hospital  for  the  insane  in  this  State  shall,  for 
ten  clays  after  receiving  a  notice  as  prescribed  in  section  6199,  fail  and  neglect 
to  send  an  attendant,  as  is  prescribed  by  section  6199,  to  bring  such  insane 
person  to  the  hospital,  it  shall  be  the  duty  of  the  sheriff  of  the  county  from 
which  the  notice  was  sent  to  bring  at  the  expense  of  the  county  such  insane 
person  to  the  State  hospital,  whereupon  it  shall  be  the  duty  of  the  said  super¬ 
intendent  to  receive  said  insane  person  and  relieve  said  sheriff  of  his  care. 

C.  S.  6202.  Cost  of  conveying  patients  to  and  from  hospital;  how  paid. 
The  cost  and  expenses  of  conveying  every  insane  person  to  any  hospital  from 
any  county,  or  of  removing  him  from  the  hospital  to  his  county,  or  of  the 
return  to  the  county  of  his  settlement  a*s  sane,  shall  be  paid  by  the  treasurer 
of  such  county,  upon  the  order  of  its  board  of  county  commissioners.  AVhen- 
ever  the  board  of  commissioners  shall  be  satisfied  that  such  person  has  prop¬ 
erty  sufficient  to  pay  such  cost  and  expenses,  or  that  some  other  person  liable 
for  his  support  and  maintenance  has  property  sufficient  to  pay  such  costs  and 
expenses  as  aforesaid,  they  shall  bring  an  action  and  recover  the  amount 
paid  from  the  said  person,  or  from  the  other  person  liable  for  his  support  and 
maintenance. 

C.  S.  6203.  Preparation  of  patient  for  acbnission  to  hospital.  Every 
sheriff  or  other  person  bringing  to  a  hospital  a  patient  shall  see  that  the 
patient  is  clean,  free  from  contagious  disease  and  vermin,  and  that  he  has 
clothing  proper  for  the  season  of  the  year,  and  in  all  cases  two  full  suits  of 
underclothing. 

C.  S.  6204.  Coinmitment  in  ease  of  sudden  or  violent  insanity.  When¬ 
ever  any  citizen  or  resident  of  this  State  becomes  suddenly  or  violently 
insane,  in  some  county  other  than  that  of  his  settlement,  the  proper  author¬ 
ities,  as  hereinbefore  provided,  of  any  county  in  which  he  shall  be,  shall  have 
the  authority  to  examine  him,  and,  if  necessary,  commit  him  to  the  hospital 
to  which  he  would  be  sent  had  he  been  committed  from  the  county  of  his 
own  settlement. 

C.  S.  620  5.  Expense  paid  by  county  of  settlement;  i^enalty.  Immedi¬ 
ately  upon  the  commitment  to  a  hospital  of  any  such  person,  a  transcript  of 
the  proceedings  shall  be  sent  to  the  clerk  of  the  county  in  which  he  is  settled, 
and  that  county  shall  pay  over  to  that  county  from  which  he  was  committed 
all  the  cost  of  the  examination  and  commitment,  and  if  the  board  of  com¬ 
missioners  of  the  county  of  the  settlement  shall  fail  to  pay  all  proper  expense 
of  said  proceedings  within  sixty  days  after  the  claim  shall  have  been  pre¬ 
sented,  they  shall  forfeit  and  pay  to  the  county  which  committed  the  insane 
person  the  sum  of  two  hundred  and  fifty  dollars,  to  be  recovered  by  the  com¬ 
missioners  of  that  county  in  a  civil  action  brought  in  the  Superior  Court  of 
that  county  from  which  the  patient  was  committed  to  the  hospital,  against 
the  commissioners  of  the  county. 

C.  S.  620  6.  Person  conveying  patient  to  hospital  without  authority. 
No  sheriff  or  other  person  shall  convey  a  patient  to  any  hospital  without 
having  ascertained  that  the  patient  will  be  admitted,  and  if  any  sheriff  or 
other  person  shall  carry  a  patient  to  a  hospital  without  having  ascertained 
that  the  patient  will  be  admitted,  and  the  patient  is  not  admitted,  he  shall  be 
required  to  convey  the  patient  back  to  the  county  of  his  setlement,  and  he 
shall  not  be  repaid  by  the  county  or  hospital  for  the  expenses  incurred  in 
carrying  the  patient  to  and  from  the  hospital. 


State  Laws  on  Public  Welfare 


69 


^  C.  S.  620  7.  How  adniission  cletciiiiined,  when  supeiintendent  is  in 
doubt.  Whenever  any  insane  person  shall  be  conveyed  to  any  hospital, 
and  the  superintendent  is  in  doubt  as  to  the  propriety  of  his  admission,  he 
may  convene  any  three  of  the  board  of  directors,  who  shall  constitute  a 
board  for  the  purpose  of  examining  and  deciding  if  such  person  is  a  proper 
subject  foi  admission;  and  if  a  majority  of  such  board  so  decide,  such  person 
shall  be  received  into  said  hospital;  but  a  like  board  may  at  any  time  there¬ 
after  deliver  such  insane  person  to  any  friend  who  will  become  bound  with 
good  suiety  to  restrain  him  from  committing  injuries,  and  to  keep,  main¬ 
tain,  and  take  care  of  him,  in  the  same  manner  as  he  might  have  become 
bound  under  the  authority  of  the  clerk  of  the  court. 

C.  S.  6208.  Admission  refused,  if  patient  exposed  to  contagious  disease. 
The  superintendent  of  the  hospital  may  refuse  to  receive  into  his  institution 
a  patient  when  he  shall  have  reliable  information  that  the  patient  has 
recently  been  exposed  to  infections  or  contagious  disease,  and  there  is 
danger  of  contagion  and  infection  being  conveyed  by  the  patient,  or  where 
the  patient  comes  from  a  quarantined  community.  Whenever  a  patient  is 
rejected  because  of  any  of  these  reasons  the  superintendent  shall  make  a 
record  of  the  application,  and  as  soon  as,  in  his  opinion,  the  danger  shall 
have  been  removed,  he  shall  notify  the  sheriff  of  the  county,  and  admit  the 
patient  into  his  hospital. 

C.  S.  6209.  Commitment  upon  patient’s  own  application.  Any  person 
believing  himself  to  be  of  unsound  mind,  or  threatened  with  insanity,  may 
voluntarily  commit  himself  to  the  proper  hospital.  The  application  for  com¬ 
mitment  shall  be  in  the  form  following: 

State  of  North  Carolina,  County  of . 

I,  . ,  a  resident  of  . . . County, 

North  Carolina,  being  of  mind  capable  of  signifying  my  wishes,  do  hereby 

solicit  admission  as  a  patient  in  the  State  hospital  at . for 

such  a  period  of  time  as  the  board  of  directors  and  the  superintendent  may 
deem  necessary.  And  I  agree  in  all  respects  to  conform  to  the  rules  and 
regulations  of  said  institution  during  the  period  which  shall  be  prescribed 
by  the  superintendent  and  board  of  directors. 


Attest:  . 

This  application  shall  be  accompanied  by  the  certificate  of  a  licensed 
physician,  which  certificate  shall  state  that  in  the  opinion  of  the  physician 
the  applicant  is  a  fit  subject  for  admission  into  a  hospital,  and  that  he  recom¬ 
mends  his  admission.  The  certificate  of  the  clerk  of  the  Superior  Court  need 
not  accompany  this  application.  The  superintendent  may,  if  he  think  it 
a  proper  application,  receive  the  patient  thus  voluntarily  committed,  and 
treat  him  until  the  next  meeting  of  the  board  of  directors  or  of  the  executive 
committee,  and  shall  report  the  application  and  admission  to  the  first  meeting 
of  said  board,  and  if  said  board  approves  such  admission,  the  patient  shall  be 
considered  as  having  been  regularly  committed,  and  shall,  in^  all  lespects, 
be  treated  as  such.  But  no  report  need  be  made  to  the  clerk  of  the  court  of 
his  county  of  settlement.  The  superintendent  and  board  of  directors  shall 
have  the  same  control  over  patients  who  commit  themselves  voluntaiily  as 
they  have  over  those  committed  under  the  regular  proceedings  hereinbefore 
provided.  And  no  voluntary  patient  shall  be  entitled  to  a  discharge  until  he 
shall  have  given  the  superintendent  ten  days  notice  of  his  desire  to  be 

discharged. 


70 


State  Laws  on  Public  Welfare 


C.  S.  6210.  Proceeding’s  in  case  of  insanity  of  citizen  of  another  state. 

If  any  person,  not  a  citizen  or  resident  of  this  State,  but  a  citizen  and  resi¬ 
dent  of  another  state  of  the  United  States,  shall  be  ascertained  to  be  insane, 
the  clerk  of  the  court  shall  immediately  notify  the  Governor  of  the  state 
of  which  the  insane  person  is  a  citizen  of  the  facts  and  circumstances  by 
letter  (or  telegraphic  message  if  he  thinks  proper),  and  for  a  reasonable 
length  of  time  the  insane  person  shall  be  kept  confined  or  restrained  in  said 
county,  but  shall  not  be  committed  to  any  State  hospital,  and  if  the  state  of 
his  citizenship  shall  not  provide  for  the  removal  from  this  State  to  his 
proper  state  of  the  insane  person  within  a  reasonable  time,  the  county  com¬ 
missioners  of  the  county  in  which  he  shall  have  been  ascertained  to  be  an 
insane  person  shall  cause  him  to  be  conveyed  to  the  state  of  which  he  is  a 
citizen  and  delivered  there  to  the  sheriff  of  his  county  or  to  the  superintend¬ 
ent  of  any  state  hospital.  The  cost  of  such  proceedings  and  conveyance 
away  from  this  State  shall  be  borne  by  the  county  in  which  the  person  shall 
have  been  adjudged  to  be  insane. 

C.  S.  6211.  Proceedings  in  case  of  insanity  of  alien.  If  any  person, 
not  a  citizen  of  the  United  States,  shall  be  ascertained  to  be  insane,  the 
clerk  of  the  court  shall  immediately  notify  the  Governor  of  this  State  of 
the  name  of  the  insane  person,  the  country  of  which  he  is  a  citizen,  and 
his  place  of  residence  in  said  country,  if  the  same  can  be  ascertained,  and 
such  other  facts  in  the  case  as  he  may  obtain,  together  with  a  copy  of  the 
examination  taken;  and  the  Governor  shall  transmit  such  information  and 
examination  to  the  Secretary  of  State  at  Washington,  D.  C.,  with  the  request 
that  he  inform  the  minister  resident  or  plenipotentiary  of  the  country  of 
which  the  insane  person  is  supposed  to  be  a  citizen. 

C.  S.  6212.  Insane  person  temporarily  committed  to  jail.  When  any 
person  is  found  to  be  insane  under  any  of  the  provisions  of  this  chapter,  and 
he  cannot  be  immediately  admitted  to  the  proper  hospital,  and  such  person 
is  also  found  to  be  subject  to  such  acts  of  violence  as  threaten  injury  to  him¬ 
self  and  danger  to  the  community,  and  he  cannot  otherwise  be  properly 
restrained,  he  may  be  temporarily  committed  to  the  county  jail  until  a  more 
suitable  provision  can  be  made  for  his  case. 

C.  S.  6213.  County  commissioners  may  discharge  insane  person  in 
county.  It  shall  be  the  duty  of  the  board  of  county  commissioners,  by 
proper  order  to  that  effect,  to  discharge  any  ascertained  insane  person  in 
their  county,  not  admitted  to  the  appropriate  hospital,  and  not  committed 
for  crime,  when  it  shall  appear  upon  the  certificate  of  two  respectable  physi¬ 
cians,  and  the  chairman  of  their  board,  that  such  insane  person  ought  to  be 
discharged  if  in  a  hospital. 

C.  S.  6214.  Discharge  of  i>atient  from  hospital;  sheriff’s  duty;  expense 
liaid.  Any  three  of  the  board  of  directors,  upon  the  superintendent  certi¬ 
fying  the  facts  (a  copy  of  which  certificate  shall  be  sent  to  the  clerk  of  the 
Superior  Court  of  the  county  of  settlement),  shall  be  a  board  to  discharge 
or  remove  from  their  hospital  any  person  admitted  as  insane,  when  such 
person  has  become  or  is  found  to  be  of  sane  mind,  or  when  such  person  is 
incurable,  and  in  the  opinion  of  the  superintendent  his  being  at  large  will 
not  be  injurious  to  himself  or  dangerous  to  the  community,  or  the  board  may 
permit  such  person  to  go  to  the  county  of  his  settlement  on  probation,  when 
in  the  opinion  of  the  superintendent  it  will  not  be  injurious  to  himself  or 
dangerous  to  the  community;  and  the  board  may  discharge  or  remove  such 
person,  upon  other  sufficient  causes  appearing  to  them;  and  whenever  any 
such  person,  admitted  as  indigent,  may  be  so  discharged  or  removed,  except 


State  Laws  on  Lublic  Welfare 


71 


as  same,  it  shall  be  the  duty  of  the  sheriff  of  the  county  of  his  settlement  to 
convey  such  person  to  his  county  at  its  expense,  and  any  such  person  dis¬ 
charged  as  restored  or  probated  shall  receive  from  such  hospital  a  sum  of 
money  sufficient  to  pay  his  transportation  to  the  county  of  his  settlement, 
w  iich  sum  shall  be  repaid  by  said  county,  and,  if  necessary,  the  hospital  shall 
provide  the  patient  with  a  decent  suit  of  clothes.  When  notified  by  the 
superintendent  to  come  for  and  remove  any  insane  person  from  the  hospital, 
it  shall  be  the  duty  of  the  sheriff  of  the  county  in  which  the  insane  person 
has  a  settlement  forthwith  to  convey  the  insane  person  from  the  hospital  to 
the  county  of  his  settlement.  The  cost  of  such  removal  shall  be  advanced  by 
the  sheriff  and  repaid  to  him  by  the  county  of  insane  person’s  settlement; 
and  if  any  sheriff,  after  having  been  notified  by  the  superintendent  to 
1  emove  any  insane  person,  as  aforesaid,  shall  fail  to  do  so  within  fifteen  days 
from  the  time  of  the  receipt  of  the  letter  of  notice,  he  shall  forfeit  and  pay  to 
the  hospital  the  sum  of  fifty  dollars,  to  be  collected  in  the  manner  provided 
for  the  collection  of  penalties  given  in  this  chapter;  and  if  the  commissioners 
of  any  county  shall  fail  to  repay  the  hospital  the  money  disbursed  in  paying 
for  the  necessary  clothes  and  traveling  expenses  of  any  person  discharged  as 
cured  from  said  hospital,  within  sixty  days  after  the  presentation  of  a  claim 
therefor,  the  commissioners  shall  forfeit  and  pay  to  the  hospital  the  sum  of 
fifty  dollars,  to  be  collected  in  the  manner  provided  for  the  collection  of 
penalties  in  this  chapter. 

C.  S.  6215.  Superintendent  may  discharge  patient  temporarily.  Each 
superintendent  may,  for  the  space  of  thirty  days,  or  until  the  next  meeting 
of  the  board  of  three  directors  provided  for  in  the  preceding  section,  dis¬ 
charge  upon  probation,  any  patient,  when  in  his  opinion  the  same  would 
not  prove  injurious  to  the  patient  or  dangerous  to  the  community.  A  re¬ 
port  of  all  such  probations  shall  be  rendered  to  the  said  board  of  three 
directors  at  their  first  ensuing  meeting. 


C.  S.  6  216.  Bonds  for  safe-keeping  of  insane  persons;  enforcement. 
All  bonds  executed  for  restraining  insane  persons  from  committing  injuries, 
and  for  their  safe-keeping,  support  and  care,  shall  be  payable  to  the  State  of 
North  Carolina,  in  the  sum  of  five  hundred  dollars  at  least,  and  shall  be 
transmitted  to  the  clerk  of  the  Superior  Court  of  the  county  wherein  said 
insane  person  is  settled,  for  safe-keeping,  and  may  be  put  in  suit  by  any 
person  injured  by  said  insane  person  by  reason  of  his  insane  condition;  and 
shall  be  put  in  suit  by  the  solicitor  for  the  judicial  district  in  which  the 
county  of  said  insane  person’s  residence  is  situated,  for  any  other  breach 
thereof,  wherein  the  damage  received  shall  be  for  the  use  of  said  insane 
person. 


C.  S.  6217.  Form  of  bond  for  safe-keeping  of  insane.  The  form  of 
bond  mentioned  in  the  preceding  section  shall  be  as  follows. 

State  of  North  Carolina,  County  of . 

Know  All  Men  by  These  Presents,  That  we,  A . ,  B . . 

principal,  and  C . .  D . .  and  E . .  F..— . . . 

sureties,  are  held  and  firmly  bound  unto  the  State  of  North  Carolina  in  the 
g^ni  of . - . dollars,  for  the  payment  whereof  we  bind 

ourselves  and  each  of  us. 

Witness  our  hands  and  seals,  this . day  of . .  19 . 


72 


State  Laws  on  Public  Welfare 


The  condition  of  the  above  obligation  is  this: 

Whereas,  The  said  A . ,  B . ,  with  the  view  of  hindering 

G . ,  H . .  an  insane  person  resident  in  the  county  aforesaid, 

from  being  sent  to . insane  hospital  (or  to  effect  his 

release  from  the  said  hospital,  as  the  case  may  be),  hath  undertaken  to 
restrain  him  from  committing  injuries  and  to  keep,  maintain,  support,  and 

take  care  of  the  said  G . ,  H .  Now,  if  the  said  A . , 

B . ,  shall  faithfully  comply  with  the  conditions  of  this  obligation, 

then  the  same  shall  be  void,  otherwise  it  shall  be  in  full  force. 


A . 

. ,  B . 

. ,  (Seal) 

C . 

. ,  D . 

. ,  (Seal) 

E . 

. ,  P . 

. — .  (Seal) 

C.  S.  6218.  Patient  retunied,  if  condition  of  bond  not  complied  with. 
Whenever  it  shall  be  made  to  appear  to  the  clerk  of  the  Superior  Court  of 
the  county  of  settlement  of  an  insane  person  released  on  bond  that  the  condi¬ 
tions  of  the  bond  are  not  faithfully  complied  with,  said  insane  person  shall 
be  sent  back  to  the  proper  hospital  by  him,  unless  some  other  responsible  and 
discreet  friend  will  undertake  to  fulfill  the  duties  of  said  obligation;  and 
whenever  said  insane  person  shall  be  sent  back,  he  shall  not  be  delivered  on 
any  new  bond  of  the  defaulting  obligor. 

Private  Hospitals  for  the  Insane 

C.  S.  6219.  Established  under  license  and  subject  to  control  of  Board 
of  Charities,  It  shall  be  lawful  for  any  person  or  corporation  to  establish 
private  hospitals,  homes,  or  schools  for  the  cure  and  treatment  of  insane  per¬ 
sons,  idiots,  and  feebleminded  persons  and  inebriates;  but  license  to  estab¬ 
lish  said  hospitals,  homes,  or  schools  must,  before  the  same  are  opened  for 
ptaronage,  be  obtained  from  the  board  of  charities  and  public  welfare,  and 
said  hospitals,  homes,  or  schools  shall  at  all  times  be  subject  to  the  visitation 
of  the  said  board  or  any  member  thereof,  and  each  hospital,  home,  or  school 
shall  make  to  the  board  a  semi-annual  report  on  the  first  days  of  January 
and  July  of  each  year. 

In  said  report  shall  be  stated  the  number  and  residence  of  all  patients 
admitted,  the  number  discharged  during  the  six  months  preceding,  and  the 
officers  of  the  hospital,  home,  or  school.  Each  hospital,  home,  or  school  shall 
file  with  the  board  a  copy  of  its  by-laws,  rules  and  regulations,  and  rates  of 
charges.  The  books  of  each  hospital,  home,  or  school  shall  at  all  times  be 
open  to  the  inspection  of  the  board  or  any  member  thereof.  The  board 
of  charities  and  public  welfare  is  hereby  given  the  authority  to  supervise  and 
regulate  all  private  hospitals,  homes,  and  schools  established  hereafter  in  this 
State  for  the  treatment  of  the  above  classes  of  people,  and  the  board  shall 
have  power  to  prescribe  all  such  rules  and  regulations  as  they  may  deem 
necessary,  and  shall  exercise  the  power  of  visitation,  and  for  that  purpose 
may  depute  any  member  of  their  board  to  visit  and  supervise  any  private 
hospital,  home,  or  school  hereafter  established  under  this  article.  The  State 
Board  of  Charities  may  bring  an  action  in  the  Superior  Court  of  Wake  County 
to  vacate  and  annul  any  license  granted  by  the  board,  when  it  shall  appear 
to  the  satisfaction  of  the  board  that  the  managers  of  any  private  hospital, 
home,  or  school  have  been  guilty  of  gross  neglect,  cruelty,  or  immorality. 

C.  S.  6220.  Counties  and  towns  may  establish  hospitals.  Any  county, 
city,  or  town  may  establish  a  hospital  for  the  maintenance,  care,  and  treat¬ 
ment  of  such  insane  persons  as  cannot  be  admitted  into  a  State  hospital,  and 
of  idiots  and  feebleminded  persons  upon  like  conditions  and  requirements  as 


State  Laws  on  Public  Welpwke  73 

are  above  prescribed  for  the  institution  of  private  hospitals;  and  the  board  of 
charities  and  public  welfare  is  given  the  same  authority  over  such  hospitals 
as  is  given  them  by  the  preceding  section  for  private  hospitals. 

C.  S.  62  21.  Private  hospitals  part  of  public  charities.  All  hospitals, 
homes,  or  schools  for  the  care  and  treatment  of  insane  persons,  idiots  and 
feebleminded  persons  and  inebriates,  formed  in  compliance  with  the  two 
preceding  sections  and  duly  licensed  by  the  board  of  charities  and  public  wel¬ 
fare,  as  in  this  article  provided,  shall,  during  the  continuance  of  such  license, 
become  and  be  a  part  of  the  system  of  public  charities  of  the  State  of  North 
Carolina. 


C.  S.  6222.  Insane  persons  placed  in  private  hospital.  Whenever  any 
person  shall  be  found  to  be  insane  in  the  mode  hereinbefore  prescribed  and 
such  person  shall  be  possessed  of  an  income  sufficient  to  support  those  who 
may  be  legally  dependent  for  support  on  the  estate  of  such  insane  person, 
and,  moreover,  to  support  and  maintain  such  insane  person  in  any  named 
hospital  without  the  State,  or  any  private  hospital  within  the  State,  and  such 
insane  person,  if  of  capable  mind  to  signify  such  preference,  shall,  in  writing, 
declare  his  wish  to  be  placed  in  such  hospital  instead  of  being  in  a  State 
hospital  (or  in  case  such  insane  person  is  incapable  of  declaring  such  prefer¬ 
ence,  then  the  same  may  be  declared  by  his  guardian),  and  two  respectable 
physicians  who  shall  have  examined  such  insane  person,  with  the  clerk  of 
the  court  or  justice  of  the  peace  who  made  the  examination,  shall  deem  it 
proper,  then  it  may  be  lawful  for  the  clerk  or  justice,  together  with  said 
physicians,  to  recommend  in  writing  that  such  insane  person  shall  be  placed 
in  the  hospital  so  chosen,  as  a  patient  thereof. 

C.  S.  6223.  Justice  of  the  peace  to  report  to  clerk.  It  shall  be  the  duty 
of  the  justice,  when  he  shall  act,  to  report  the  proceedings  in  such  cases  to 
the  clerk  of  the  Superior  Court  of  the  county  in  which  such  insane  person 
may  reside  or  be  domiciled. 


C.  S.  6224.  Clerk  to  report  proceedings  to  judge.  The  clerk  of  the 
court  shall  lay  the  proceedings  before  the  judge  of  the  Superior  Court  of  the 
district  in  which  such  insane  person  may  reside  or  be  domiciled,  and  if  he 
approve  them,  he  shall  so  declare  in  writing,  and  such  proceedings,  with  the 
approval  thereof,  shall  be  recorded  by  the  clerk. 


C.  S.  622  5.  Certified  copy  and  approval  of  judge  sufficient  authority. 
A  certified  copy  of  such  proceedings,  with  the  approval  of  a  judge,  shall  be 
sufficient  warrant  to  authorize  any  friend  of  such  insane  person  appointed  by 
the  judge  to  remove  him  to  the  hospital  designated. 


C.  S.  622  6.  Examination  and  commitment  to  private  hospital.  When 
it  is  deemed  advisable  that  any  person,  a  citizen  of  the  State  of  North 
Carolina,  or  a  citizen  of  another  state  or  country  temporarily  sojourning  in 
North  Carolina,  should  be  detained  in  any  private  hospital  within  the  State, 
two  persons,  one  of  whom  must  be  a  physician,  not  connected  with  any 
private  hospital,  shall  make  affidavit  before  a  justice  of  the  peace  or  a  clerk 
of  the  Superior  Court  of  this  State  that  they  have  carefully  examined  the 
alleged  insane  person;  that  they  believe  him  to  be  a  fit  subject  tor  commit¬ 
ment  to  a  hospital  for  the  insane,  and  that  his  detention  and  tieatment 
be  for  his  advantage  and  benefit.  This  certificate  shall  be  filed  and  approved 
bv  the  clerk  of  the  Superior  Court  in  the  county  in  which  the  examination  is 
held,  or  in  the  county  in  which  the  private  hospital  is  located,  and  a  certi- 


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State  Laws  on  Public  Welfare 


fied  copy  of  this  certificate  and  approval  of  the  clerk  shall  be  deposited  with 
the  superintendent  of  the  private  hospital  as  his  authority  for  holding  the 
insane  person.  The  clerk  of  the  court  may,  if  he  sees  fit,  issue  warrants  and 
have  the  alleged  insane  person  before  him  in  manner  prescribed  in  article 
three  of  this  chapter  for  the  examination  and  admission  to  State  hospitals, 
and  he  may,  if  he  sees  fit,  order  any  insane  person  brought  before  him  to  be 
taken  to  a  private  hospital  within  the  State  instead  of  one  of  the  State 
hospitals,  and  his  warrant  shall  be  sufficient  authority  for  holding  such 
insane  person  in  such  private  hospital.  Idiots,  feebleminded  persons,  and 
inebriates  may  be  committed  to  and  held  in  private  hospitals  or  homes  in 
this  State  in  the  manner  hereinbefore  prescribed  for  insane  persons:  Pro- 
viclecl,  that  a  period  of  detention  in  a  private  hospital  or  home  of  not  less 
than  one  month  and  not  more  than  six  months  shall  be  prescribed  for 
inebriates,  at  the  discretion  of  the  clerk  of  the  Superior  Court  approving 
the  commitment. 

C.  S.  622  7.  Patients  traiisferrert  from  State  hospital  to  private  hospitnl. 
When  it  is  deemed  desirable  that  any  inmate  of  any  State  hospital  be  trans¬ 
ferred  to  any  licensed  private  hospital  within  the  State,  the  executive  com¬ 
mittee  may  so  order,  and  a  certified  copy  of  the  commitment  on  file  at  the 
State  hospital  and  the  order  of  the  executive  committee  shall  be  sufficient 
warrant  for  holding  the  insane  person,  idiot,  or  inebriate  by  the  officers  of 
the  private  hospital. 

C.  S.  622  8.  Guardian  of  insane  person  to  pay  expenses  out  of  estate. 
It  shall  be  the  duty  of  any  person  having  legal  custody  of  the  estate  of  an 
insane  person,  idiot,  or  inebriate  legally  held  in  a  private  hospital  to  supply 
funds  for  his  support  in  the  hospital  during  his  stay  therein,  and  so  long  as 
there  may  be  sufficient  funds  for  that  purpose  over  and  beyond  maintaining 
and  supporting  those  persons  who  may  be  legally  dependent  on  the  estate. 

C.  S.  6229.  Fees  and  charges  for  examination.  The  fees  and  charges 
for  examination  for  admission  to  private  hospitals  shall  be  the  same  as  for 
examinations  for  admission  to  the  State  hospitals. 

Abolition  of  the  State  Hospital  for  the  Dangerous  Insane 
[Chapter  165,  Public  Laws  1923.] 

AN  ACT  TO  ABOLISH  THE  STATE  HOSPITAL  FOFv  THE  DANGEROUS 
INSANE  AND  TO  PROVIDE  FOR  THE  COMMISSION  AND  CARE  AND 
CURE  OF  SUCH  INSANE  AT  OTHER  STATE  HOSPITALS. 

The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  Sections  six -thousand  two  hundred  and  thirty,  six  thousand 
two  hundred  and  thirty-one,  six  thousand  two  hundred  and  thirty-two,  six 
thousand  two  hundred  and  thirty-three,  six  thousand  two  hundred  and  thirty- 
four,  and  six  thousand  two  hundred  and  thirty-five  be  and  the  same  are 
hereby  repealed. 

Sec.  2.  Section  six  thousand  two  hundred  and  thirty-six  be  and  the  same 
is  hereby  amended  by  striking  out  in  line  seven  thereof  the  words,  “To  the 
hospital  for  the  dangerous  insane,”  and  substituting  therefor,  “to  the  State 
Hospital  at  Raleigh,”  if  the  alleged  criminal  is  white,  or  “to  the  State  Hos¬ 
pital  at  Goldsboro,”  if  the  alleged  criminal  is  colored,  and  if  the  alleged 
criminal  is  an  Indian  from  Robeson  County,  to  the  State  Hospital  at  Raleigh, 
as  now  provided  for  insane  Indians  from  Robeson  County. 

Sec.  3.  That  the  words,  “like  patients  in  other  State  hospitals,”  in  line 
ten  of  section  six  thousand  two  hundred  and  thirty-six  be  stricken  out  and 
the  proviso  at  the  end  of  such  section  six  thousand  two  hundred  and  thirty- 
six  be  repealed. 


State  Laws  ox  Pitblic  Welfare 


<  f> 


Sec.  4.  Section  six  thousand  two  hundred  and  thirty-seven  of  the  Ton- 
sohdatert  Statutes  be  and  the  same  is  hereby  amended  by  striking  out  the 
words  in  lines  seventeen  and  eighteen  thereof,  “for  the  dangerous  insane  to 
which  such  person  is  or  has  been  committed,”  and  substituting  therefor  the 
words  designated  in  section  two  of  this  act,”  and  by  striking  out  the  words 
tor  the  dangerous  insane,”  in  line  twenty-two  of  said  section  and  siibstitiit- 
mg  therefor,  “designated  in  section  two  of  this  act.” 


Sec.  5.  Section  six  thousand  two  hundred  and  thirty-eight  be  and  the 
same  is  hereby  amended  by  striking  out  the  words,  “herein  provided  for,” 
in  line  four  thereof  and  substituting  the  words,  “designated  in  section  two 
of  this  act,”  in  lieu  thereof. 


Sec.  6.  Section  six  thousand  two  hundred  and  thirty-nine  be  and  the 
same  is  hereby  amended  by  striking  out  the  words,  “for  the  dangerous 
insane,”  in  line  three  thereof  and  substituting  therefor  the  words,  “designated 
in  section  two  of  this  act,”  and  by  striking  out  the  words,  “to  said  depart¬ 
ment,”  in  line  six  thereof  and  substituting  therefor,  “to  the  hospital  desig¬ 
nated  in  section  two  of  this  act”;  by  striking  out  the  words,  “for  the 
dangerous  insane,”  in  line  twelve  thereof  and  substituting,  “designated  in 
section  two  of  this  act.” 

Sec.  7.  Section  six  thousand  two  hundred  and  forty  of  the  Consolidated 
Statues  be  and  the  same  is  hereby  amended  by  striking  out  the  word  “the” 
in  line  eight,  between  the  words  “in”  and  “hospital,”  and  substituting 
therefor  the  word  “said,”  and  by  striking  out  the  words,  “for  the  dangerous 
insane,”  in  line  eight;  by  striking  out  the  words,  “for  the  dangerous  insane,” 
in  line  fourteen  thereof. 


Sec.  8.  Section  six  thousand  two  hundred  and  forty-one  of  the  Consoli¬ 
dated  Statutes  be  and  the  same  is  hereby  amended  by  striking  out  the  words, 
“for  the  dangerous  insane  or  to  one  of  the  other  State  hospitals  for  the 
insane,”  in  lines  nine  and  ten  and  substituting  therefor,  “designated  in 
section  two  of  this  act,”  and  by  striking  out  the  last  three  words  of  said 
section  and  substituting  therefor,  “chapter  one  hundred  and  three  of  the 
Consolidated  Statutes.” 

Sec.  9.  Section  six  thousand  two  hundred  and  forty-two  of  the  Consoli¬ 
dated  Statutes  be  and  the  same  is  hereby  amended  so  as  to  read  as  follows: 
It  shall  be  the  duty  of  the  duly  constituted  authorities  of  the  State  hospitals 
designated  in  this  act  for  the  insane  to  receive  all  such  insane  persons  as 
shall  be  committed  to  said  institutions  in  accordance  with  the  provisions  of 
this  act,  and  to  treat  and  care  properly  for  the  same  until  discharged,  in 
accordance  with  the  provisions  of  the  law. 

Sec.  10.  Section  six  thousand  two  hundred  and  forty-three  of  the  Consoli¬ 
dated  Statutes  is  hereby  repealed. 

Sec.  11.  As  soon  as  it  may  be  after  the  ratification  of  this  act,  all  the 
dangerous  insane  now  confined  in  the  State  Hospital  for  the  Dangeious 
Insane  at  Raleigh  shall  be  distributed  to  the  hospitals  designated  in  section 
two  of  this  act. 

Sec.  12.  The  patients  now  confined  in  the  State  Hospital  for  the  Dangerous 
Insane  shall  not,  however,  be  transferred  as  herein  provided  from  such  hos¬ 
pital  to  the  other  hospitals  until  the  superintendent  of  the  State  Hospital  for 
the  Insane  at  Raleigh  and  the  superintendent  of  the  State  Hospital  for  the 
Insane  at  Goldsboro  notifies  the  superintendent  of  the  State’s  Prison  that 
they  are  ready  to  receive  such  patients. 

Sec.  13.  Until  said  State  Hospitals  for  the  Insane  at  Raleigh  and  Golds¬ 
boro  are  readv  to  receive  the  dangerous  insane  as  defined  in  article  six  of 
chapter  one  hundred  and  three  of  the  Consolidated  Statutes,  said  dangerous 


76 


State  J>aws  on  Public  Welfake 


insane  shall  continue  to  be  subject  to  the  rules  and  regulations  as  now  con¬ 
tained  in  said  article  six,  and  the  various  courts  of  the  State  in  a  proper  case 
shall  continue  to  use  the  machinery  provided  in  article  six  above  in  dealing 
with  said  dangerous  insane. 

Sec.  14.  Subject  to  the  limitations  contained  in  sections  twelve  and  thir¬ 
teen  of  this  act,  this  act  shall  take  effect  from  and  after  its  ratification. 

Ratified  March  6,  1923. 


STATE  PRISON 

C.  S.  7  69  8.  Iiicoii)oration ;  action  against  State.  The  Board  of  Direc¬ 
tors  of  the  State’s  Prison  of  North  Carolina  and  their  successors  in  office  are 
and  shall  continue  to  be  a  corporation,  with  the  name  of  the  State  Prison, 
which  corporation  shall  be  invested  with  all  the  property,  real  and  personal, 
choses  in  action,  and  other  rights  now  owned,  held  or  enjoyed  by  the  North 
Carolina  penitentiary  or  State’s  Prison,  and  shall  be  liable  for  all  of  the 
debts  and  other  liabilities  for  which  the  penitentiary  or  State’s  Prison  is  now 
liable.  Any  suit  or  action  against  such  corporation  shall  be  construed  to  be 
brought  against  the  State,  and  no  person  shall  have  the  right  to  bring  or 
maintain  any  suit  or  action  against  it,  nor  shall  any  of  the  courts  of  the 
State  have  jurisdiction  to  try,  hear,  or  determine  any  such  suit  or  action, 
except  as  allowed  by  the  Constitution  in  case  of  claims  against  the  State. 

C.  S.  7699.  Directors  appointed  by  Govenior;  tenii  four  years.  The 
State’s  Prison  of  North  Carolina  shall  be  governed  and  controlled  by  a  board 
of  directors  which  shall  consist  of  a  chairman  and  four  other  members,  to  be 
appointed  by  the  Governor,  by  and  with  the  advice  and  consent  of  the  Senate. 
The  board  shall  be  so  appointed  during  the  session  of  the  General  Assembly 
of  one  thousand  nine  hundred  and  five,  and  every  four  years  thereafter,  and 
their  term  of  office  shall  be  four  years,  beginning  on  the  fifteenth  of  March 
next  after  their  appointment. 

C.  S.  7  703.  Directors  to  employ  servants  and  agents.  The  board  of 
directors  are  authorized  to  employ  such  managers,  wardens,  physicians,  su¬ 
pervisors,  overseers,  and  other  servants  or  agents  as  they  may  deem  neces¬ 
sary  for  the  management  of  the  affairs  of  the  State’s  Prison  and  the  safe-keep¬ 
ing  and  employment  of  the  convicts  therein  confined.  They  shall  fix  the 
compensation  of  such  servants  or  agents,  prescribe  their  duties  by  proper 
rules  and  regulations,  and  may  discharge  them  at  will. 

C.  S.  7707.  Custody,  eini)loyment,  hiring  out,  and  recapture  of  convicts. 

The  board  of  directors  shall  make  provision  for  receiving  and  keeping  in  cus¬ 
tody,  until  discharged  according  to  law,  all  convicts  now  confined  in  such 
prison,  and  all  such  as  may  be  sentenced  to  imprisonment  therein  by  the 
courts  of  this  State.  It  shall  also  provide  for  the  employment  of  such  con¬ 
victs,  either  in  the  prison  or  on  farms  located  or  owned  by  the  corporation; 
and  may  contract  for  the  hire  or  employment  of  any  able-bodied  convicts, 
not  necessary  to  be  detained  in  the  prison,  near  Raleigh,  upon  such  terms  as 
may  be  just  and  fair  to  the  corporation,  but  such  convicts,  when  so  hired  or 
employed,  shall  remain  under  the  actual  management,  control,  and  care  of 
the  board  of  directors  or  its  employees,  agents,  and  ser.vants;  but  no  female 
convict  shall  be  worked  on  public  roads  or  streets.  The  board  of  directors 
may  provide  for  the  recapture  of  convicts  that  may  escape  from  such  prison, 
in  such  manner  as  it  may  deem  best,  and  may  pay  such  reward  and  expenses 
to  any  person  making  such  recaptures  as  it  may  think  proper.  Any  citizen 


State  Laws  ox  Public  Welfare  77 

of  North  Carolina  shall  have  authority  without  warrant  to  apprehend  anv 
convict  who  may  escape  before  the  expiration  of  his  term  of  imprisonment 
and  return  him  to  the  State’s  Prison. 

C.  S.  7710.  Directors  not  to  furnish  supplies.  No  director  shall  furnish 
any  supplies  or  materials,  directly  or  indirectly,  for  the  support  of  the  con¬ 
victs,  or  for  the  use  of  the  State’s  Prison. 

C.  S.  7714.  Sanitai^'  and  hygienic  care  of  piisoiiers.  The  sanitary  and 
hygienic  care  of  the  prisoners  shall  be  under  the  direction,  supervision,  and 
regulation  of  the  State  Board  of  Health,  and  all  camp  equipment  shall  con¬ 
form  to  the  plans  and  specifications  of  and  be  approved  by  the  State  Board  of 
Health;  and  the  board  of  directors  of  the  State  Prison  shall  do  such  things 
as  may  be  necessary  to  carry  out  the  recommendations  of  the  State  Board  of 
Health.  The  supervision  of  the  State  Board  of  Health  shall  apply  to  the 
State  Prison,  the  State  farms,  and  county  or  State  camps  or  other  places 
where  the  prisoners  are  confined  or  housed,  and  such  recommendations  as 
shall  be  made  by  the  State  Board  of  Health  regarding  clothes,  bedding,  table¬ 
ware,  and  bathing  for  the  prisoners  shall  be  carried  out  by  the  board  of 
directors  of  the  State  Prison. 

C.  S.  7716.  What  iirisoners  sent  to  State  Prison.  All  persons  convicted 
of  crime  in  any  of  the  courts  of  this  State  whose  sentence  shall  be  five  years 
or  more  shall  be  sent  to  the  State  Prison. 

C.  S.  7717.  Convicts  sent  to  jilace  of  labor.  The  board  of  directors 
shall,  as  far  as  practicable,  make  arrangements  for  the  conveying  of  con¬ 
victs  from  the  places  where  convicted,  direct  to  the  place  where  they  are  to 
be  worked,  when  it  would  be  to  the  interest  of  the  State  so  to  do. 

C.  S.  7718.  To  be  sent  within  five  days.  The  sheriff,  having  in  charge 
any  prisoner  sentenced  to  the  State’s  Prison,  shall  proceed  to  send  him  to  the 
State’s  Prison  or  place  of  assignment,  within  five  days  after  the  adjournment 
of  the  court  at  which  he  was  sentenced,  if  no  appeal  has  been  taken. 

C.  S.  7  721.  Board  to  make  iH'gulations.  The  board  of  directors  is 
authorized  to  adopt  such  rules  and  regulations  for  enforcing  discipline  as 
their  judgment  may  indicate,  not  inconsistent  with  the  Constitution  and 
laws  of  the  State.  And  they  shall  print  and  post  the  same  in  the  cells  of  the 
convicts,  and  the  same  shall  be  read  to  every  convict  in  the  State’s  Prison 
when  received. 

C.  S.  7  722.  Infraction  of  rules  recorded.  The  board  of  directors  shall 
require  to  be  kept  a  book  in  which  shall  be  entered  a  record  of  every  infrac¬ 
tion  of  the  published  rules  of  discipline  with  the  name  of  the  prisoner  so 
guilty,  and  the  punishment  inflicted  therefor,  which  record  shall  be  sub¬ 
mitted  to  the  directors  at  their  monthly  meeting. 

• 

C.  S.  7  7  23.  Pi'isoners  classified  and  distinguished.  The  board  of  direc¬ 
tors  of  the  State  Prison  shall  direct  the  classification  of  all  male  prisoners 
committed  to  their  charge  into  three  classes  or  grades,  as  follows:  In  the 
first  class  shall  be  included  all  those  prisoners  who  have  given  evidence  that 
they  will,  or  whom  it  is  believed  will,  observe  the  rules  and  regulations  and 
work  diligently,  and  are  likely  to  maintain  themselves  by  honest  industry 
after  their  discharge;  in  the  second  class  shall  be  included  those  prisoners 
who  have  not  as  yet  given  evidence  that  they  can  be  trusted,  but  are  compe- 


78 


State  Laws  on  Public  Welfake 


tent  to  work  and  are  reasonably  obedient  to  the  rules  and  regulations  of  the 
institution;  and  in  the  third  class  shall  be  those  prisoners  who  have  demon¬ 
strated  that  they  are  incorrigible,  have  no  respect  for  the  rules  and  regula¬ 
tions,  and  seriously  interfere  with  the  discipline  and  the  effectiveness  of  the 
labor  of  the  other  prisoners.  The  men  of  the  first  class  shall  be  known  as 
honor  men,  and  when  grouped  together  in  camps  as  hereinafter  provided  for, 
the  camp  shall  be  known  as  an  “honor  camp,”  and  they  shall  wear  a  distinc¬ 
tive  but  not  very  conspicuous  uniform,  and  shall  be  worked  without  guards, 
and  when  in  prison  or  camps,  or  in  any  other  place  of  detention,  they  shall 
not  be  chained  or  under  armed  guards  at  night.  The  men  of  the  second  class 
shall  wear  a  conspicuous  uniform,  and  shall  be  worked  under  armed  guards, 
but  shall  not  wear  chains  while  at  work,  but  may  or  may  not  be  chained  at 
night  in  the  discretion  of  the  superintendent.  The  men  of  the  third  class 
shall  be  dressed  in  stripes,  shall  be  worked  under  armed  guards,  wear  chains 
during  the  day,  whenever  this  is  considered  necessary,  and  be  chained  at 
night  when  in  camp,  and  shall  be  worked  as  far  as  possible  in  stockades, 
inclosing  rock  quarries,  but  may  be  worked  on  public  roads  in  camps  con¬ 
taining  only  this  class  of  men,  at  the  discretion  of  the  superintendent,  or 
that  may  hereafter  be  made  by  the  General  Assembly:  Pr'ovided,  that  the 
classification  of  male  2)risone7's  shall  avply  to  female  prisoners  in  so  far  as  it 
7'elates  to  commutation  of  time  and  pay  for  their  work.  Honor  men  may  he 
woi'ked  wherever  any  work  is  being  carried  on  hy  the  P7'iso7i.  provided  their 
jwivileges  and  immunities  as  set  forth  in  this  section  are  m  7io  wise  abridged. 

C.  S.  772  4.  Assignment  to  classes  and  changes.  Persons  sentenced  to 
the  penitentiary  or  State  Prison  for  the  first  time  shall  be  placed  in  the  first 
or  second  class,  but  the  assignment  of  a  prisoner  to  any  one  of  the  three 
classes  referred  to  in  this  article  shall  not  be  considered  to  mean  that  such 
prisoner  must  remain  in  said  class,  but  a  prisoner  may  be  changed  from  a 
lower  to  a  higher  class  or  from  a  higher  to  a  lower  class,  depending  upon  his 
behavior,  and  it  shall  be  the  purpose  and  intent  of  this  section  to  direct  the 
board  of  directors  of  the  State  Prison  to  encourage  and  assist  the  men  to  so 
improve  themselves  that  they  can  be  transferred  from  a  lower  to  a  higher 
class  or  grade. 

C.  S.  772  5.  Commutation  of  time,  alloAvaiices,  and  earnings.  The  men 

of  the  first  class  shall  be  allowed  a  cojnmutation  of  their  se7ite7ice  of  one 
hundred  and  four  days  per  each  year  se7wed,  a7id  the  7nen  of  the  second  class 
shall  be  allowed  a  c077imutation  of  their  sentence  of  seventy-eight  days  for 
each  year  they  se7've,  and  the  men  of  the  third  class  shall  be  alloived  a  com¬ 
mutation  of  their  se7itence  of  fifty-tico  days  for  each  year  they  se7've.  If  a 
man  remains  in  the  third  class  for  three  continuous  years,  he  shall  not  be 
allowed  any  fu7'ther  commutation  of  time.  In  the  event  any  prisoner  shall 
be  sentenced  for  a  less  period  of  time  than  one  year,  said  pi’isoner  shall  be 
entitled  to  a  p7'oportionate  commutation  of  his  sentence.  The  men  of  the 
first  class  shall  be  allowed  fifteen  cents  per  day  for  each  day  they  work,  and 
those  in  the  second  class  ten  cents  per  day,  and  those  in  the  third  class  five 
cents  per  day  for  each  day  they  work;  and  the  sum  shall,  in  case  the  prisoner 
has  a  family  which  was  dependent  upon  him,  be  paid  monthly  to  such  family. 
In  case  the  prisoner  has  no  family,  then  the  money  earned  by  said  prisoner 
shall  become  accumulative,  to  be  paid  over  to  the  prisoner  at  the  time  of  his 
discharge,  or  to  be  drawn  upon  by  the  prisoner  for  the  purchase  of  such 
things  as  the  prisoner  may  desire  and  for  other  purposes,  by  and  with  the 
approval  of  the  superintendent.  All  life  p7'iso7iers  shall  receive  four  cents 
per  day  for  each  day  they  wo7'k.  This  amoimt  to  be  placed  to  their  credit  07i 
the  books  of  the  institutio7i,  one-half  of  which  may  be  drawn  out  semi- 


State  Laws  ox  Public  Welfare 


79 


annually  and  used  as  they  see  fit,  and  the  other  half  to  remain  to  their  credit 
on  the  hooks  of  the  institution  and  paid  to  them  in  case  they  are  pardoned. 

C.  S.  772  6.  Employment  at  useful  labor;  hours  per  day.  The  board  of 
directors  of  the  State  Prison  shalb  through  the  superintendent,  wardens, 
managers,  or  officials  of  the  penitentiary,  State  farms,  or  reformatories  in 
the  State,  so  far  as  is  practicable,  cause  all  the  prisoners  in  such  institutions 
who  are  physically  capable  thereof  to  be  employed  at  useful  labor  not  to 
exceed  ten  hours  of  each  day,  other  than  Sundays  and  public  holidays; 
Provided,  that  not  more  than  nine  hours  work  per  day  shall  be  permitted 
when  prisoners  are  hired  to  private  persons,  firms,  or  corporations.  This 
section  shall  not  apply  to  work  on  the  State  farm,  nor  to  existing  contracts 
heretofore  made  by  this  State. 

C.  S.  7727.  Prisoners  examined  for  assignment  to  work.  Each  prisoner 
committed  to  the  charge  of  the  board  of  directors  of  the  State  Prison  shall 
be  carefully  examined  by  a  competent  physician  in  order  to  determine  his 
physical  and  mental  condition,  and  his  assignment  to  the  prison,  farm,  or 
camps,  and  the  work  that  he  is  required  to  do,  shall  be  dependent  upon  the 
report  of  said  physician  as  to  his  physical  and  mental  capacity. 

C.  S.  7728.  Whipping  or  flogging  prisoners.  It  is  unlawful  for  the 
board  of  directors  of  the  State  Prison  to  whip  or  flog,  or  have  whipped  or 
flogged,  any  prisoner  committed  to  their  charge  until  twenty-four  hours  after 
the  report  of  the  offense  or  disobedience,  and  only  then  in  the  presence  of 
the  prison  physician  or  prison  chaplain;  and  no  prisoner  other  than  those  of 
the  third  class  as  defined  in  this  act  shall  be  whipped  or  flogged  at  any  time. 

C.  S.  7729.  Prisoner’s  supplies  and  clothes  to  be  marked.  The  prison¬ 
er’s  number  shall  be  used  for  marking  all  clothes,  bedclothing,  beds,  and 
other  supplies  used  by  the  prisoners,  so  that  when  such  clothes,  bedclothing, 
and  supplies  are  washed  and  cleaned  they  shall  be  always  returned  for  the 
use  of  the  same  prisoner. 


C.  S.  7730.  Unifoim  for  prisoners ;  felon’s  stripes.  It  is  the  duty  of  the 
several  judicial  officers  of  the  State,  in  assigning  any  person  to  work  the  pub¬ 
lic  roads  of  any  county,  to  designate  in  each  judgment  that  such  as  may  be 
convicted  of  a  felony  shall  wear  felon’s  stripes,  and  such  as  are  convicted  of 
a  misdemeanor  shall  not  wear  felon’s  stripes.  In  order  to  carry  into  effect 
the  provisions  of  this  section,  the  State  Prison  board  shall  prescribe  a  uni¬ 
form  to  be  worn  by  persons  convicted  of  felony,  and  a  uniform  to  be  worn  by 
persons  convicted  of  a  misdemeanor,  which  shall  be  different  and  easily  dis¬ 
tinguished  from  the  uniform  of  the  felon;  but  the  State  Prison  boaid  or 
other  governing  authority  may,  in  their  discretion,  allow  prisoners  sen¬ 
tenced  for  misdemeanor  only  to  wear  clothes  similar  to  that  worn  by  the 
ordinary  citizen.  The  board  of  commissioners  of  the  respecti\e  counties  in 
which  donvicts  are  worked  on  the  public  roads  shall  provide  unifoims  of 
each  kind,  except  in  those  cases  exempted  in  this  section. 


C  S  7731.  Violation  as  to  Avork  in  felon’s  uniform;  oflicer  liable.  It 

shall  be  unlawful  to  work  persons  convicted  of  a  felony  in  other  than  the 
uniform  of  a  felon,  or  to  clothe  a  person  convicted  of  a  misdemeanor  in  the 
uniform  of  a  felon.  Any  superintendent  of  convicts  or  other  person  in 
authority  who  shall  violate  this  law  shall  be  guilty  of  a  misdemeanor,  and 
fined  or  imprisoned,  or  both,  in  the  discretion  of  the  court;  and,  moreover, 
be  liable  in  damage  to  the  party  aggrieved,  to  be  recovered  in  a  civil  action, 
which  may  be  brought  in  either  the  county  from  which  the  party  was  sen¬ 
tenced  or  the  county  in  which  the  wrong  was  done. 


80 


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C.  S.  7  732.  Kocreation  and  instruction  of  prisoners.  The  board  of  di¬ 
rectors  of  the  State  Prison  is  authorized  and  directed  to  arrange  certain 
forms  of  recreation  for  the  prisoners,  and  shall  arrange  so  that  the  prisoners, 
during  their  leisure  hours  between  work  and  time  to  retire,  shall  have  an 
opportunity  to  take  part  in  games,  and  attend  lectures,  and  take  part  in 
other  forms  of  amusement  as  may  be  provided  by  the  board.  The  said  board 
is  also  authorized  and  directed  to  make  such  arrangements  as  are  necessary 
to  enable  classes  to  be  organized  amongst  the  prisoners,  so  that  those  who 
desire  may  receive  instruction  in  various  lines  of  educational  pursuits.  The 
board  shall  utilize,  where  possible,  the  services  of  the  prisoners  who  are 
sufficiently  educated  to  act  as  instructors  for  such  classes  in  education;  such 
services,  however,  shall  be  voluntary  on  the  part  of  the  prisoner.  The  board 
is  further  authorized  and  directed  to  make  such  arrangements  as  will  be 
necessary  so  that  religious  services  may  be  held  for  the  prisoners  on  Sundays, 
and  at  such  other  times  as  they  may  deem  wise.  The  attendance  of  the 
prisoners  at  such  religious  services  shall  be  voluntary.  That  the  provisions 
of  this  section  shall  apply  to  the  State  Prison,  State  farm,  and  State  camps. 

C.  S.  7733.  Use  of  intoxicants  forbidden  to  employes.  No  one  addicted 
to  the  use  of  intoxicating  liquors  shall  be  employed  as  superintendent,  warden, 
guard,  or  any  other  position  connected  with  the  State  Prison,  State  farm. 
State  camps,  where  such  position  requires  the  incumbent  thereof  to  have  any 
charge  or  direction  of  the  prisoners;  and  any  one  holding  such  position,  or 
any  one  who  may  be  employed  in  any  other  capacity  in  said  State  Prison, 
State  farm,  or  State  camps  who  shall  come  under  the  influence  of  intoxicating 
liquors  shall  at  once  cease  to  be  an  employee  of  any  of  the  institutions,  and 
shall  not  be  eligible  for  reinstatement  to  said  position  or  be  employed  in  any 
other  position  in  any  of  the  institutions.  Any  superintendent,  warden,  super¬ 
visor,  or  other  person  holding  any  position  in  the  State  Prison  who  curses 
a  priso7ier  under  his  charge  shall  at  once  cease  to  he  an  employee  of  the 
institution  mid  shall  not  he  eligible  for  reinstatement. 

C.  S.  773  4.  Correspondence  of  prisoners  regulated.  The  prisoners  con¬ 
fined  at  any  State  prison,  State  farm,  or  State  camp  who  are  in  the  first  class 
or  grade  authorized  by  this  article  shall  be  allowed  general  correspondence 
privileges  in  so  far  as  such  correspondence  does  not  interfere  with  the  work 
and  discipline  of  the  said  prison,  farm,  or  camp;  prisoners  who  are  in  the 
second  class  or  grade  authorized  by  this  article  shall  be  allowed  similar 
correspondence  privileges  but  somewhat  more  restricted  than  those  in  the 
first  class  or  grade;  and  prisoners  who  are  in  the  third  class  or  grade  author¬ 
ized  by  this  act  shall  only  be  allowed  such  correspondence  privileges  as  may 
be  deemed  best  by  the  superintendent.  Any  prisoner  shall  be  permitted  to 
write  a  letter  to  the  Governor  of  the  State  at  any  time  he  desires,  and  said 
letter  shall  be  mailed  for  him  as  other  letters  are  mailed. 

C.  S.  773  5.  Divine  seiwices;  Sunday  school.  The  board  of  directors  is 
authorized  to  provide  for  divine  service  for  the  convicts  each  Sunday,  if 
possible,  and  to  secure  the  visits  of  some  minister  at  the  hospital  to  adminis¬ 
ter  to  the  spiritual  wants  of  the  sick,  and  an  appropriation  of  not  more  than 
five  hundred  dollars  per  annum  may  be  used  for  these  purposes.  The  sum 
of  fifty  dollars  per  annum  is  appropriated  for  the  use  of  the  State’s  Prison 
Sunday  School,  to  be  paid  to  the  warden  of  the  State’s  Prison  by  the  State 
Treasurer  on  the  warrant  of  the  Auditor. 

C.  S.  773  6.  Religious  instmction  at  Caledonia  Farm.  The  board  of 
directors  of  the  State’s  Prison  is  authorized  and  directed,  in  order  to  pro¬ 
vide  religious  worship  for  the  prisoners  confined  in  the  State’s  Prison,  known 


State  Laws  on  Public  Welfake 


81 


as  the  Caledonia  Farm,  to  employ  a  resident  minister  of  the  gospel  and  to  pro¬ 
vide  for  his  residence  and  support  in  such  manner  as  the  board  may 
determine.  It  shall  be  the  duty  of  such  resident  minister  of  the  gospel  to 
render  religious  services  to  the  prisoners  in  accordance  with  such  rules  and 
regulations  as  the  board  of  directors  may  prescribe. 

C.  S.  773  8.  Indeterminate  sentence  and  discharge.  The  various  judges 
of  the  Superior  Court  of  North  Carolina  are  authorized  and  directed,  in  their 
discretion,  in  sentencing  prisoners  to  the  State  Prison,  to  pass  upon  such 
prisoner  a  minimum  and  maximum  sentence,  thus  making  the  sentence  of 
the  prisoner  an  indeterminate  sentence,  and  the  board  of  directors  of  the 
State  Prison  is  authorized  and  directed  to  consider  at  least  once  every  six 
(6)  months  the  cases  of  such  prisoners  as  have  been  committed  to  the  State 
Prison  with  an  indeterminate  sentence,  as  to  whether  such  prisoner  is  entitled 
to  a  discharge,  and  to  take  into  consideration  the  said  prisoner’s  record  since 
committed  to  the  charge  of  the  board  of  directors  of  the  State  Prison: 
Provided,  that  the  prisoner  has  served  the  minimum  time  to  which  he  was 
sentenced  after  allowing  credit  for  good  behavior  as  authorized  by  law. 

C.  S.  7739.  Application  for  pardon  to  include  record.  Any  application 
for  the  pardon  of  a  prisoner  committed  to  the  charge  of  the  board  of  direc¬ 
tors  of  the  State  Prison  shall  include  a  record  of  such  prisoner  since  he  was 
committed  to  the  charge  of  the  board;  and  in  determining  whether  or  not 
a  parole  or  pardon  shall  be  granted,  consideration  shall  be  given  to  the  record 
of  such  prisoner;  and  the  record  of  such  prisoner  shall  be  available  to  those 
making  the  application. 

C.  S.  7740.  Prisoners  of  different  races  kept  separate.  White  and  col¬ 
ored  prisoners  shall  not  be  confined  or  shackled  together  in  the  same  room  of 
any  building  or  tent,  either  in  the  State  Prison  or  at  any  State  or  county 
convict  camp,  during  the  eating  or  sleeping  hours,  and  at  all  other  times  the 
separation  of  the  two  races  shall  be  as  complete  as  practicable.  Any  officer 
or  employee  of  either  the  State  or  any  county  in  the  State  having  charge  of 
convicts  or  prisoners  who  shall  violate  or  permit  the  violation  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not 
more  than  fifty  dollars  or  imprisoned  not  more  than  thirty  days. 

C.  S.  7741.  Separation  of  youthful  prisoners.  Youthful  convicts  shall 
be  kept  separate  from  old  and  hardened  criminals  in  sleeping  quarters. 

C.  S.  7742.  Punishment  for  recaptured  pHsoners.  If  a  prisoner  of  the 
first  or  second  class  or  grade  attempts  to  escape  or  leaves  the  Prison,  State 
farm,  or  State  camp  without  permission,  he  shall,  upon  being  recaptured,  be 
reduced  to  the  third  class  or  grade  and  shall  permanently  lose  all  his  accumu¬ 
lated  time  and  money;  and  the  board  of  directors  of  the  State  Prison  is 
authorized  and  directed  to  use  every  means  possible  to  recapture  any  man 
escaping  or  leaving,  without  permission,  any  of  the  State  prisons,  camps, 
or  farms,  regardless  of  expense. 

t 

C.  S.  774  3.  Recapture  of  escaped  felons;  reward.  It  is  the  duty  of  the 
superintendent  of  the  State’s  Prison,  when  any  person  escapes  from  the 
State’s  Prison  who  has  been  confined  or  placed  to  work,  to  immediatel> 
notify  the  Governor,  and  to  accompany  such  notice  with  a  full  description 
of  the  escaped,  together  with  such  information  as  will  be  of  service  in  the 
recapture.  The  Governor  is  authorized  to  offer  such  reward  as  he  may  deem 
advisable  and  necessary  for  the  recapture  and  return  to  the  State’s  Prison 

6 


82 


State  Laws  ox  Public  Welfake 


of  any  person  who  may  escape  or  who  heretofore  has  escaped  therefrom. 
Such  reward,  when  earned,  shall  be  paid  by  the  Treasurer  of  the  State  upon 
the  warrant  of  the  Governor  and  charged  to  the  penitentiary  board,  and  by 
said  board  to  be  repaid  to  the  State  Treasurer,  and  accounted  for  as  part  of 
the  expense  of  maintaining  the  State’s  prisoners. 

C.  S,  7744.  Coiiy  of  this  article  supplied  to  jirisoiiei's.  That  this  article 
shall  be  printed  in  pamphlet  form  and  each  prisoner  committed  to  the  charge 
of  the  board  of  directors  of  the  State  Prison  shall  be  supplied  with  a  copy, 
and  its  contents  shall  be  explained  to  him  at  the  time  he  is  brought  to  the 
State  Prison. 

C.  S.  7745.  Overseers  and  guards  may  maintain  discipline.  When  a 
convict  or  several  combined  shall  offer  violence  to  any  officer,  overseer  or 
guard,  or  to  any  convict,  or  attempt  to  do  any  injury  to  the  prison  building 
or  the  workshops,  or  shall  attempt  to  escape,  or  shall  resist  or  disobey  any 
lawful  command,  the  officer,  overseer,  or  guard  shall  use  any  means  necessary 
to  defend  himself,  to  enforce  the  observance  of  discipline,  to  secure  the  person 
of  the  offender  and  to  prevent  an  escape. 

C.  S.  7746.  Death  of  convict  investigated  by  directors.  It  shall  be  the 
duty  of  the  board  of  directors,  or  some  member  thereof,  upon  information 
of  the  death  of  a  convict  other  than  by  natural  causes,  to  investigate  the 
cause  thereof  and  report  the  results  of  such  investigation  to  the  Governor, 
and  for  this  purpose  the  board  of  directors,  or  any  member  thereof,  shall 
have  power  to  administer  oaths,  and  send  for  persons  and  papers. 

C.  S.  7747.  Convict  fuiuiished  transportation  out  of  commutation 
money.  The  superintendent  of  the  State’s  Prison  shall  furnish  to  every 
convict,  upon  the  expiration  of  his  term  of  imprisonment,  a  certificate  of 
transportation  or  railroad  ticket  to  the  county  in  which  such  convict  was 
convicted,  or  to  any  other  county  less  distant  which  such  convict  may  desig¬ 
nate,  and  in  which  the  State’s  Prison  may  not  have  convicts  employed,  and 
shall  pay  the  cost  thereof  out  of  commutation  money,  if  there  be  any  to  the 
credit  of  such  convict,  under  the  provisions  of  this  chapter;  and  the  superin¬ 
tendent  shall  so  countersign  such  certificates  or  tickets  as  to  render  them  non- 
transferable,  and  shall  compel  every  convict,  as  the  proper  holder  thereof, 
to  take  passage  upon  the  train  or  steamboat  bound  for  the  destination  of 
such  convict. 

C.  S.  7  748.  Chiklren  bom  in  State’s  Prison.  Any  child  born  of  a  female 
convict  while  she  is  in  the  custody  of  the  State’s  Prison  that  shall  not  be 
taken  in  charge  upon  arrival  at  an  age  suitable  to  be  separated  from  the 
mother  by  some  of  its  kindred  or  other  responsible  party  shall,  on  the  applica¬ 
tion  of  the  deputy  warden  to  the  clerk  of  the  Superior  Court  of  the  county 
of  Wake,  be  disposed  of  as  the  law  provides  in  the  case  of  children  whose 
parents  are  dead  or  unable  to  provide  for  them. 

C.  S.  775  8.  Parming  out  iirisoiiers;  counties  ami  towns  may  employ.  It 
shall  be  lawful  for  the  board  of  commissioners  of  any  county,  and  likewise 
for  the  corporate  authorities  of  any  city  or  town,  to  contract  in  writing  with 
the  board  of  directors  of  the  State’s  Prison  for  the  employment  of  such  con¬ 
victs  as  by  existing  laws  may  be  hired  to  railroad  companies,  upon  the  high¬ 
ways  or  streets,  for  the  construction  or  improvement  of  the  same,  of  the 
county,  city,  or  town  whose  authorities  shall  so  hire  such  convicts. 


State  Laws  on  Public  Welfare 


8,3 


C.  S.  7759.  Duty  to  hire  to  counties  and  towns.  Upon  application  to 
them  it  shall  be  the  duty  of  the  board  of  directors  of  the  State’s  Prison  to 
hire  to  the  board  of  commissioners  of  any  county,  and  to  the  corporate 
authorities  of  any  city  or  town,  for  the  purpose  specified  in  the  preceding  sec¬ 
tion,  such  convicts  as  may  lawfully  he  hired  for  service  outside  the  State’s 
Prison,  as  shall  not  at  the  time  of  such  application  be  so  hired;  hut  the  con¬ 
victs  hired  for  service  upon  the  highways  and  streets  shall  he  fed,  clothed, 
and  quartered  while  so  employed,  by  the  board  of  directors  or  managers  of 
the  State  s  Prison  as  in  case  of  the  hiring  of  convicts  to  railroad  companies. 

C.  S.  7760.  Contract  for  hire;  how^  enforce<l.  The  board  of  commis¬ 
sioners  of  any  county  and  the  corporate  authorities  of  any  city  or  town  so 
hiring  such  convicts  shall  pay  into  the  treasury  of  the  State  for  the  labor  of 
any  convict  so  hired  a  sum  of  money  equal  to  the  average  cost  in  money  of 
feeding,  clothing,  guarding,  and  transporting  such  convicts  to  and  from  the 
place  of  employment  for  the  town  of  such  hiring,  and  the  money  so  to  be 
paid  at  such  times  as  may  be  agreed  upon  in  the  contract  of  hire;  and  if 
any  such  county,  city,  or  town  shall  fail  to  pay  the  money  due  for  such  hiring, 
the  same  shall  bear  interest  from  the  time  it  shall  become  due  until  paid,  at 
the  rate  of  six  per  cent  per  annum,  if  such  rate  is  agreed  upon  in  such  writ¬ 
ten  contract,  and  an  action  to  recover  any  sum  of  money  so  due  and  imposed 
may  be  brought  by  the  Attorney-General  in  the  Superior  Court  of  the  county 
of  Wake  in  the  name  of  the  State. 


C.  S.  7761.  Counties  to  appoint  superintendents.  The  board  of  com¬ 
missioners  of  any  county  and  the  corporate  authorities  of  any  city  or  town 
so  hiring  such  convicts  shall  have  power  to  appoint  and  remove  at  will  all 
such  necessary  agents  to  superintend  the  construction  or  improvement  of 
such  highways  and  streets  as  they  may  deem  proper,  and  to  pay  the  costs 
and  expenses  incident  to  such  hiring  may  levy  taxes  and  raise  money  as  in 
other  respects. 


C.  S.  7762.  Contracts  for  labor  or  products  of  labor  regulated.  The 
board  of  directors  of  the  State  Prison  shall  not,  nor  shall  any  other  author¬ 
ity  whatsoever,  make  any  contract  by  which  the  labor  or  time  of  any  prisoner 
or  convict  sentenced  to  the  State  Prison  or  Reformatory,  or  the  product  or 
profit  of  his  work,  shall  be  contracted,  let,  farmed  out,  given  or  sold  to  any 
person,  firm,  association  or  corporation,  unless  such  convict  shall  be  fed  and 
clothed  by  the  Prison,  and  shall  be  quartered,  guarded  and  worked  under  the 
sole  supervision  and  control  of  the  Prison  directors;  except  that  the  piisonei 
or  convict  may  work  for  and  the  products  of  his  labor  may  be  disposed  of  to 
the  State,  or  for  or  to  any  public  institution  owned,  managed  or  controlled 
by  the  State,  or  for  or  to  any  county  of  the  State;  but  the  products  of  the 
State  farm  may  be  sold  in  the  open  market  for  the  purpose  of  making  the 
State  Prison  self-supporting,  as  contemplated  by  the  Constitution.  This 
section  shall  not  apply  to  any  Dona  fide  contracts  already  made  by  the  State 
with  any  person,  firm,  or  corporation  for  the  use  of  prisoners  or  convicts,  if 

such  contract  is  in  force. 


C  S  7763.  AVork  on  railroad  and  public  work.s.  No  State  convicts 
shall  be  worked  upon  any  railroad  or  public  works  of  the  State  or  county  oi 
my  subdivision  of  any  county  or  any  works  of  any  character  whatso^er,  i 
n  the  opinion  of  the  Governor  and  board  of  directors  of  the  State  Prison, 
he  Prison  would  thereby  be  made  not  self-sustaining,  and  should  at  any  time 
he  surplus  convicts  that  are  not  already  engaged  in  farm  work  be  engaged 
n  any  work  for  State,  county,  or  any  subdivision  thereof,  or  any  contrac 
vork^of  any  nature,  and  in  the  judgment  of  the  Governor  and  the  boaid  ot 


84 


State  Laws  ox  Public  Welfare 


directors,  the  services  of  such  convicts  should  be  needed  at  the  State  farm, 
to  properly  cultivate  or  to  house  the  crops,  the  said  board  of  directors  are 
hereby  authorized  and  empowered  to  discontinue  such  work  and  move  the 
prisoners  to  the  State  farm  at  once.  This  section  shall  not  be  construed  to 
interfere  with  contracts  or  agreements  now  in  existence 

Reformatory  for  Youthful  Offenders 

C.  S.  7764.  Directors  may  establish  reformatory.  There  may  be  estab- 
ished  in  connection  with  the  North  Carolina  State’s  Prison,  under  the  control 
and  direction  of  the  board  of  directors  of  that  institution,  a  reformatory, 
either  within  the  enclosure  of  the  penitentiary  or  elsewhere  as  said  board 
shall  deem  most  practicable  and  economical,  in  which  reformatory  convicts 
under  the  age  of  eighteen  years  sentenced  to  the  penitentiary  shall  be  con¬ 
fined  separate  and  apart  from  other  convicts. 

C.  S.  7765.  May  exempt  from  convict  garb.  It  shall  be  in  the  discre¬ 
tion  of  the  board  to  exempt  the  convicts  confined  in  the  reformatory  from 
the  requirement  of  wearing  the  usual  convict  garb. 

C.  S.  7766.  Not  to  apply  to  certain  crimes.  Nothing  in  the  two  preced¬ 
ing  sections  shall  apply  to  convicts  sentenced  for  the  crimes  of  murder,  arson, 
rape,  or  burglary. 

Relative  to  the  Support  of  the  State’s  Prison 

AN  ACT  TO  AMEND  SECTIONS  7704  AND  7711  OF  THE  CONSOLIDATED 
STATUTES,  RELATING  TO  THE  SUPPORT  OP  THE  STATE’S 
PRISON. 

The  General  Assembly  of  Islorth  Carolina  do  enact: 

Section  1.  That  sections  seven  thousand  seven  hundred  and  four  and 
seven  thousand  seven  hundred  and  eleven  of  the  Consolidated  Statutes  of 
North  Carolina  be  and  the  same  are  hereby  amended  to  read  as  follows: 

“7704.  The  board  of  directors  shall  require  such  of  its  officers,  employees, 
or  agents  as  they  shall  authorize  to  receive  the  moneys  and  earnings  of  said 
institutions  to  enter  into  good  bonds,  to  be  approved  by  the  board,  in  such 
amounts  as  will  fully  secure  their  faithfully  accounting  for  the  same. 

“7711.  All  moneys  belonging  to  the  institutions  under  the  control  of  the 
board  of  directors  of  the  State’s  Prison  which  shall  come  into  the  hands  of 
any  of  its  officers  or  employees  shall  be  paid  into  the  General  Revenue  Fund 
in  the  hands  of  the  State  Treasurer  within  ten  days  after  the  same  is  re¬ 
ceived,  accompanied  by  a  statement  showing  the  source  or  sources  from  which 
the  same  was  derived.  The  institutions  under  the  control  of  the  board  of 
directors  of  the  State’s  Prison  shall  be  maintained  from  legislative  appropria¬ 
tions,  and  disbursements  on  account  of  these  institutions  shall  be  made  by 
the  State  Treasurer,  pursuant  to  these  appropriations  upon  warrants  drawn 
by  the  State  Auditor,  after  the  presentation  of  itemized  vouchers  signed  by 
such  officer  or  agent  as  the  board  of  directors  shall  authorize,  and  approved 
by  the  chairman  of  the  board.  Duplicates  of  such  vouchers  shall  be  kept 
and  filed  in  the  office  of  the  chairman  of  the  board  of  directors,  and  the 
originals  thereof  shall  be  kept  and  filed  when  paid  in  the  office  of  the  State 
Treasurer.’’ 

Sec.  2.  That  this  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  this  the  5th  day  of  March,  A.D.  1923. 


85 


State  Laws  on  Lt^blic  Welfare 


ADVISORY  BOARD  OF  PAROLE 

»  i?n  '  1  board;  duties  and  powers.  There  is  established 

a  board  to  be  known  and  designated  as  an  “Advisory  Board  of  Parole,”  con¬ 
sisting  of  the  Attorney-General,  Chairman,  the  Chairman  of  the  Board  of 
Directors  of  the  State's  Prison,  and  the  Chairman  of  the  Board  of  State 
Chanties,  whose  duties  and  powers  shall  be  to  act  in  an  advisory  capacity  to 
the  Governor  with  respect  to  the  parole  or  conditional  pardon  of  prisoners  in 
the  States  Prison.  The  Chairman  of  the  Board  of  Directors  of  the  State’s 
Prison  and  the  Chairman  of  the  Board  of  State  Charities  shall  be  paid  for 
their  services  as  members  of  said  board  the  same  per  diem  and  expenses  as 
are  now  or  may  be  allowed  by  law  to  the  Chairman  of  the  Board  of  Directors 
of  the  State's  Prison,  and  such  payment  shall  be  made  by  the  State  Treasurer 
upon  voucher  from  the  State  Auditor  issued  upon  itemized  statement 
approved  by  the  Chairman  of  the  Board  of  Parole,  and  sums  now  due  for 
services  for  the  yeais  one  thousand  nine  hundred  and  seventeen  and  one 
thousand  nine  hundred  and  eighteen  shall  be  paid  in  like  manner. 


C.  S.  7750.  RecoiTl  of  conduct  of  pidsoiiers.  It  is  the  duty  of  the  super¬ 
intendent  of  the  State's  Prison  and  superintendents  of  county  chain  gangs 
or  road  forces,  under  rules  and  regulations  to  be  made  and  proulgated  by  the 
Board  of  Parole,  to  keep  a  record  of  the  conduct  and  demeanor  of  all  prisoners 
held  in  the  State’s  Prison  and  on  county  chain  gangs.  The  Advisory  Board  of 
Parole  shall  formulate  rules  for  application  for  pardons  and  paroles  for 
persons  serving  on  county  chain  gangs,  and  when  such  rules  have  been  ap¬ 
proved  by  the  Governor  they  should  be  followed  and  observed  by  all  persons 
applying  for  pardons  or  paroles  for  persons  serving  upon  chain  gangs  or  in 
other  county  or  local  prisons. 


C.  S.  7751.  Meetings  of  board.  The  Advisory  Board  of  Parole  shall 
meet  once  each  month  in  the  office  of  the  Attorney-General  at  such  time  as  may 
be  agreed  upon  by  the  board  and  carefully  consider  the  record,  and  all  other 
facts  and  circumstances  which  may  be  produced,  to  ascertain  whether  or  not 
any  prisoner,  the  consideration  of  whose  privilege  of  parole  may  come  before 
the  board,  should  be  recommended  to  the  Governor  as  a  proper  person  to  be 
paroled  on  conditional  pardon. 

C.  S.  7752.  Cases  considered.  After  any  prisoner  has  been  confined  in 
the  State’s  Prison  as  long  as  the  minimum  punishment  prescribed  by  statute 
for  the  offense  of  which  such  prisoner  was  convicted,  provided  such  minimum 
punishment  is  not  less  than  one-fourth  the  term  for  which  such  prisoner  was 
sentenced  by  the  court,  and  at  the  next  monthly  meeting  of  the  Board  of 
Parole,  the  superintendent  of  the  State’s  Prison  shall  lay  before  the  board  the 
case  of  such  prisoner  to  determine  whether  or  not,  in  the  opinion  of  the  board, 
such  prisoner  should  be  discharged  on  parole;  but  this  shall  not  be  under¬ 
stood  as  depriving  the  Board  of  Parole  of  the  discretion  of  taking  up  the  case 
of  any  prisoner  at  any  time  prior  to  that  above  stated.  The  board  shall 
ascertain  from  the  record  of  such  prisoner  for  the  time  during  which  he 
has  been  held,  or  for  the  last  nine  months,  whether  he  has  been  of  good 
demeanor  and  of  meritorious  conduct,  as  shown  by  obedience  to  the  lules  and 
regulations,  and  from  any  other  facts  and  circumstances  which  may  be 
produced  with  respect  to  his  past  life  and  conduct,  whether  such  iJiisonei  is 
a  proper  subject  to  recommend  to  the  Governor  for  parole  under  a  conditional 

pardon. 


86 


State  Laws  ox  Public  Welfare 


C.  S.  77  53.  Report  to  Governor;  conditional  pardon;  allowance  to  pris¬ 
oners.  After  the  board  has  ascertained  the  facts  mentioned  above,  they 
shall  have  discretion  and  power  to  determine  whether  or  not,  in  their  judg¬ 
ment,  such  a  prisoner  is  a  proper  subject  for  parole  under  a  conditional  par¬ 
don.  And  if  they  determine  that  such  parole  should  be  granted,  they  shall 
make  a  brief  report  in  writing  to  the  Governor,  with  their  findings  of  fact  as 
to  his  record  while  in  the  State’s  Prison,  as  to  his  previous  life  and  conduct, 
and  as  to  indications  of  his  purpose  to  reform;  and  if  the  Governor  approve 
the  granting  of  a  parole  in  such  case,  he  may  grant  a  conditional  pardon 
under  his  constitutional  power  to  grant  reprieves,  commutations,  and  pardons 
and  according  to  the  practice  and  procedure  heretofore  observed  and  fol¬ 
lowed  in  the  granting  of  conditional  pardons  by  the  Executive.  On  the  dis¬ 
charge  of  any  prisoner  from  the  State’s  Prison  on  parole,  he  shall  be  provide  !, 
at  the  expense  of  the  State,  with  a  suit  of  clothes,  transportation  to  the 
county  in  which  he  has  secured  employment,  or  in  which  it  is  his  purpose  to 
reside,  and  with  five  dollars  in  cash,  all  to  be  paid  by  order  of  the  superin¬ 
tendent  of  the  State’s  Prison  from  the  funds  belonging  to  such  prison.  Such 
parole  shall  be  for  such  time  as  will  fill  out  the  term  of  imprisonment  to 
which  the  prisoner  was  sentenced. 

C.  S.  775  4.  Prisoners  discharged  on  parole  to  report  monthly.  Any 
person  discharged  on  parole,  under  this  article,  shall,  during  the  parole, 
report  on  the  second  Monday  in  each  month  to  the  clerk  of  the  Superior 
Court  of  the  county  in  which  he  resides,  and  show  to  the  satisfaction  of  such 
clerk  that  by  his  industry  and  good  conduct  he  has  satisfied  the  conditions  of 
his  parole. 

C.  S.  7755.  Reimprisonment.  If  the  Governor  shall  order  the  reim¬ 
prisonment  of  any  person  discharged  on  parole,  he  may  issue  his  order 
directly  to  the  sheriff  of  the  county  in  which  such  prisoner  was  due  to  report 
to  the  clerk  of  the  Superior  Court,  or  to  the  sheriff  of  any  county  in  the 
State,  directing  the  arrest  of  such  person  and  his  return  by  such  officer  to  the 
State’s  Prison,  the  expense  of  which  shall  be  paid  by  the  State  Treasurer 
upon  a  warrant  issued  by  the  State  Auditor  on  an  order  made  by  the  superin¬ 
tendent  of  the  State’s  Prison. 

C.  S.  77  5  6.  No  deduction  of  time.  If  any  such  person  be  reimprisoned 
by  order  of  the  Governor  for  failure  to  report  monthly  to  the  clerk,  or  for 
violation  of  the  conditions  of  his  parole,  the  time  such  person  has  been  out  on 
parole  shall  not  be  deducted  from  the  term  of  imprisonment  to  which  he  was 
originally  sentenced  by  the  court,  but  the  time  of  his  imprisonment  shall  be 
understood  as  continuing  from  the  time  he  was  discharged  on  his  parole. 

C.  S.  7  7  57.  No  impairment  of  GoveiTior’s  powers.  This  article  is  not 
to  be  taken  as  in  any  way  attempting  to  interfere  with  or  regulate  the  power 
of  the  Governor  to  grant  reprieves,  commutations,  and  pardons  upon  his  own 
initiative  and  executive  responsibility  in  as  full  and  ample  a  manner  as  it 
has  heretofore  been  understood  and  exercised. 

COUNTY  PRISONS  AND  PRISONERS 

C.  S.  1317.  Courthouse  and  jail  built  and  repaired  by  commissioners. 
There  shall  be  kept  and  maintained  in  good  and  sufficient  repair  in  every 
county  a  courthouse  and  common  jail,  at  the  expense  of  the  county  wherein 
the  same  is  situated.  The  boards  of  commissioners  of  the  several  counties 
respectively  shall  lay  and  collect  taxes,  from  year  to  year,  as  long  as  may 
be  necessary,  for  the  purpose  of  building,  repairing  and  furnishing  their 


State  Laws  on  Public  Welfare 


87 


several  courthouses  and  jails,  in  such  manner  as  they  think  proper-  and  from 
time  to  time  shall  order  and  establish  such  rules  and  regulations  fo’r  the  pres¬ 
ervation  of  the  courthouse,  and  for  the  government  and  management  of  the 
prisons,  as  ^lay  be  conducive  to  the  interests  of  the  public  and  the  security 
and  comfort  of  the  persons  confined. 


C.  S.  1318.  Jail  to  have  five  apartments.  The  common  jails  of  the  sev¬ 
eral  counties  shall  be  provided  with  at  least  five  separate  and  suitable  apart¬ 
ments,  one  for  the  confinement  of  white  male  criminals;  one  for  white 
female  criminals;  one  for  colored  male  criminals;  one  for  colored  female 
criminals;  and  one  for  other  prisoners. 


C.  S.  394  4.  Custody  of  jail.  The  sheriff  shall  have  the  care  and  cus¬ 
tody  of  the  jail  in  his  county;  and  shall  be,  or  appoint,  the  keeper  thereof. 

C.  S.  3919.  Fees  of  jailers.  Jailers  shall  receive,  for  furnishing  pris¬ 
oner  with  fuel,  one  pound  of  wholesome  bread,  one  pound  of  good  roasted  or 
boiled  flesh,  and  a  sufficient  quantity  of  water,  with  every  necessary  attend¬ 
ance,  a  sum  not  exceeding  fifty  cents  per  day,  unless  the  board  of  commission¬ 
ers  of  the  county  shall  deem  it  expedient  to  increase  the  fees,  which  it  may 
do  provided  such  increase  shall  not  exceed  fifty  per  cent  on  the  above  sum. 


C.  S.  4407.  Injury  to  prisoner  by  jailer.  If  the  keeper  of  a  jail  shall 
do,  or  cause  to  be  done,  any  wrong  or  injury  to  the  prisoners  committed  to 
his  custody,  contrary  to  law,  he  shall  not  only  pay  treble  damages  to  the  per¬ 
son  injured,  but  shall  be  guilty  of  a  misdemeanor. 

C.  S.  4408.  Confining  j)risoners  to  improper  apartments.  If  the  sheriff 
or  jailer  shall  wantonly  or  unnecessarily  confine  those  committed  to  his  cus¬ 
tody  in  any  apartment,  other  than  that  provided  and  designated  by  law  for 
persons  of  the  description  of  the  prisoner,  he  shall  be  guilty  of  a  misde¬ 
meanor. 


C.  S.  1319.  To  be  heated.  It  is  the  duty  of  the  board  of  commissioners 
in  every  county  to  have  the  common  jail  so  heated  by  furnaces,  stoves,  or 
otherwise,  as  to  render  them  warm  and  comfortable.  A  failure  to  discharge 
the  duty  herein  specified  shall  constitute  a  misdemeanor,  punishable  by  fine 
or  imprisonment,  or  both,  in  the  discretion  of  the  court. 

C.  S.  13  20.  Bedding  to  be  furnished.  The  board  of  county  commis¬ 
sioners,  from  time  to  time,  as  may  be  necessary,  shall  order  the  sheriff  of 
the  county  to  purchase,  for  the  use  of  their  jail,  a  certain  number  of  good, 
warm  blankets  or  other  suitable  bedclothing,  which  shall  be  securely  pre¬ 
served  by  the  jailer,  and  furnished  to  the  prisoners  for  their  use  and  comfort, 
as  the  season  or  other  circumstances  may  require;  and  the  sheriff,  at  least 
once  in  every  year,  shall  rei)ort  to  the  board  of  commissioners  the  condition 
and  number  of  such  blankets  and  bedclothing. 

C.  S.  1321.  Prison  bounds.  For  the  preservation  of  the  health  of  per¬ 
sons  committed  to  jail,  the  board  of  commissioners  of  each  county  shall  maik 
out  such  a  parcel  of  the  land  as  they  think  fit,  not  exceeding  six  acies,  ad¬ 
joining  the  prison,  for  the  rules  thereof;  and  every  prisoner  not  committed 
for  treason  or  felony,  giving  bond  with  good  security  to  the  sheriff  of  the 
county  to  keep  within  the  rules,  shall  have  liberty  to  walk  therein,  out  ot  the 
prison,  for  the  preservation  of  his  health;  and  on  keeping  continually  within 
the  said  rules,  shall  be  deemed  to  be  in  .law  a  true  prisoner.  In  order  that 


88 


State  Laws  on  Public  Welfare 


every  person  may  know  the  true  bounds  of  said  rules,  they  shall  be  recorded 
in  the  county  records,  and  the  marks  thereof  shall  be  renewed  as  occasion 
may  require. 

C.  S.  1346.  Jailor  to  cleanse  jail,  furnish  food  and  water.  The  sheriff 
or  keeper  of  any  jail  shall,  every  day,  cleanse  the  room  of  the  prison  in  which 
any  prisoner  is  confined,  and  cause  all  filth  to  be  removed  therefrom;  and 
shall  also  furnish  the  prisoner  plenty  of  good  and  wholesome  water,  three 
times  in  every  day;  and  shall  furnish  each  prisoner  fuel,  not  less  than  one 
pound  of  wholesome  bread,  one  pound  of  good  roasted  or  boiled  fiesh,  and 
every  necessary  attendance. 

C.  S.  1347.  Prisoner  to  pay  charges  and  prison,  fees.  Every  person 
committed  by  lawful  authority,  for  any  criminal  offense  or  misdemeanor,  shall 
bear  all  reasonable  charges  for  guarding  and  carrying  him  to  jail,  and  also 
for  his  support  therein  until  released;  and  all  the  estate  which  such  person 
possessed  at  the  time  of  committing  the  offense  shall  be  subjected  to  the  pay¬ 
ment  of  such  charges  and  other  prison  fees,  in  preference  to  all  other  debts 
and  demands.  If  there  is  no  visible  estate  whereon  to  levy  such  fees  and 
charges,  the  amount  shall  be  paid  by  the  county. 

C.  S.  1348.  Prisoner  may  furnish  necessaries.  Prisoners  shall  be  al¬ 
lowed  to  purchase  and  procure  such  necessaries,  in  addition  to  the  diet  fur¬ 
nished  by  the  jailer,  as  they  may  think  proper;  and  to  provide  their  own 
bedding,  linen  and  clothing,  without  paying  any  perquisite  to  the  jailer  for 
such  indulgence. 

C.  S.  1349.  United  States  prisoners  to  be  kept.  When  a  prisoner  is 
delivered  to  the  keeper  of  any  jail  by  the  authority  of  the  United  States, 
such  keeper  shall  receive  the  prisoner,  and  commit  him  accordingly;  and 
every  keeper  of  a  jail  refusing  or  neglecting  to  take  possession  of  a  prisoner 
delivered  to  him  by  the  authority  aforesaid  shall  be  subject  to  the  same  pains 
and  penalties  as  for  neglect  or  refusal  to  commit  any  prisoner  delivered  to 
him  under  the  authority  of  the  State.  The  allowance  for  the  maintenance 
of  any  prisoner  committed  as  aforesaid  shall  be  equal  to  that  made  for  pris¬ 
oners  committed  under  the  authority  of  the  State. 

C.  S.  1353.  Where  no  jail,  sheriff  may  imprison  in  jail  adjoining  county. 

The  sheriffs,  constables,  and  other  ministerial  officers  of  any  county  in  which 
there  is  no  jail  have  authority  to  confine  any  prisoner  arrested  on  process, 
civil  or  criminal,  and  held  in  custody  for  want  of  bail,  in  the  jail  of  any 
adjoining  county,  until  bail  be  given  or  tendered.  And  any  sheriff  or  jailer 
having  a  prisoner  in  his  custody,  by  virtue  of  any  mode  of  commitment  pro¬ 
vided  in  this  chapter,  shall  be  liable,  civilly  and  criminally,  for  his  escape, 
in  the  manner  as  if  such  prisoner  had  been  confined  in  the  prison  of  his 
proper  county. 

C.  S.  13  54.  Where  no  jail,  courts  may  commit  to  jail  of  adjoining 
county.  Whenever  there  happens  to  be  no  jail,  or  when  there  is  an  unfit 
or  insecure  jail,  in  any  county,  the  Superior  Court  judges,  justices  of  the 
peace,  and  all  judicial  officers  of  such  county  may  commit  all  persons  brought 
before  them,  whether  in  a  criminal  or  civil  proceeding,  to  the  jail  of  any 
adjoining  county,  for  the  same  causes  and  under  the  like  regulations  that 
they  might  have  ordered  commitments  to  the  usual  jail;  and  the  sheriffs, 
constables,  and  other  officers  of  such  county  in  which  there  is  no  jail,  or  an 
unfit  one,  and  the  sheriffs  or  keepers  of  the  jails  of  the  adjoining  counties, 
shall  obey  any  order  of  commitment  so  made.  Any  officer  failing  to  obey 
such  order  shall  be  guilty  of  a  misdemeanor. 


State  Laws  on  Public  Welfare 


89 


C.  S.  13  56.  Counties  and  towns  may  hire  out  certain  prisoners  The 
board  of  commissioners  of  the  several  counties,  within  their  respectiy^  juris- 
ictions,  or  such  other  county  authorities  therein  as  may  be  established  and 
the  mayor  and  intendant  of  the  several  cities  and  towns  of  the  State  have 
power  to  provide  under  such  rules  and  regulations  as  they  may  deem  best 
for  the  employment  on  the  public  streets,  public  highways,  public  works,  or 
other  labor  for  individuals  or  corporations,  of  all  persons  imprisoned  in  ’the 
jails  of  their  lespective  counties,  cities  and  towns,  upon  conviction  of  any 
crime  or  misdemeanor,  or  who  may  be  committed  to  jail  for  failure  to  enter 
into  bond  for  keeping  the  peace  or  for  good  behavior,  and  who  fail  to  pay 
all  the  costs  which  they  are  adjudged  to  pay,  or  to  give  good  and  suiRcient 
security  therefor:  Provided,  such  prisoner  or  convict  shall  not  be  detained 
beyond  the  time  fixed  by  the  judgment  of  the  court.  The  amount  realized 
from  hiring  out  such  persons  shall  be  credited  to  them  for  the  fine  and  bill 
of  costs  in  all  cases  of  conviction.  It  is  unlawful  to  farm  out  any  such  con¬ 
victed  person  who  may  be  imprisoned  for  the  nonpayment  of  a  fine,  or  as 
punishment  imposed  for  the  offense  of  which  he  may  have  been  convicted, 
unless  the  court  before  whom  the  trial  is  had  shall  in  its  judgment  so 
authorize. 

C.  S.  1359.  Convicts  who  may  be  sentenced  to  or  worked  on  roads. 
When  any  county  has  made  provision  for  the  working  of  convicts  upon  the 
public  roads,  or  when  any  number  of  counties  have  jointly  made  provision 
for  working  convicts  upon  the  public  roads,  it  is  lawful  for  and  the  duty  of 
the  judge  holding  court  in  such  counties  to  sentence  to  imprisonment  at  hard 
labor  on  the  public  roads  for  such  terms  as  are  now  prescribed  by  law  for 
their  imprisonment  in  the  county  jail  or  in  the  State’s  Prison,  the  following 
classes  of  convicts:  First,  all  persons  convicted  of  offenses  the  punishment 
whereof  would  otherwise  be  wholly,  or  in  part,  imprisonment  in  the  com¬ 
mon  jail;  second,  all  persons  convicted  of  crimes  the  punishment  whereof 
would  otherwise,  wholly  or  in  part,  be  imprisonment  in  the  State’s  Prison  for 
a  term  not  exceeding  ten  years. 

In  such  counties  there  may  also  be  worked  on  the  public  roads,  in  like 
manner,  all  persons  sentenced  to  imprisonment  in  jail  by  any  magistrate; 
and  also,  all  insolvents  imprisoned  by  any  court  in  said  counties  for  nonpay¬ 
ment  of  costs  in  criminal  causes  may  be  retained  in  imprisonment  and 
worked  on  the  public  roads  until  they  repay  the  county  to  the  extent  of  the 
half  fees  charged  up  against  the  county  for  each  person  taking  the  insolvent 
oath.  The  rate  of  compensation  to  be  allowed  each  insolvent  for  work  on  the 
public  roads  shall  be  fixed  by  the  county  commissioners  at  a  just  and  fair 
compensation,  regard  being  had  to  the»  amount  of  work  of  which  each  in¬ 
solvent  is  capable. 

C.  S.  13  60.  Deductions  from  sentence  allowed  for  good  behavior.  When 
a  convict  has  been  sentenced  to  work  upon  the  public  roads  of  a  county,  and 
has  faithfully  performed  the  duties  assigned  to  him  during  his  term  of  sen¬ 
tence,  he  is  entitled  to  a  deduction  from  the  time  of  his  sentence  of  five  days 
for  each  month,  and  he  shall  be  discharged  from  the  county  roads  when  he 
has  served  his  sentence,  less  the  number  of  days  he  may  be  entitled  to  ha\  e 
deducted.  The  authorities  having  him  in  charge  shall  be  the  sole  judges  as 
to  the  faithful  performance  of  the  duties  assigned  to  him.  Should  he  escape 
or  attempt  to  escape  he  shall  forfeit  and  lose  any  deduction  he  may  have 
been  entitled  to  prior  to  that  time.  This  section  shall  apply  also  to  women 
sentenced  to  a  county  farm  or  county  home. 

C.  S.  13  61.  Convicts  sentenced  to  roads  to  be  under  county  control. 
The  convicts  sentenced  to  hard  labor  upon  the  public  roads,  under  second 


90 


State  Laws  on  Public  Welfare 


section  preceding,  shall  be  under  the  control  of  the  county  authorities,  and 
the  county  authorities  have  power  to  enact  all  needful  rules  and  regulations 
for  the  successful  working  of  convicts  upon  the  public  roads.  The  county 
commissioners  may  work  such  convicts  on  the  public  roads  dr  in  canaling 
the  main  drains  and  swamps  or  on  other  public  work  of  the  county. 

C.  S.  4409.  Requiring  tcinale  prisoners  to  work  in  chain  gang.  If  any 
officer,  either  judicial,  executive  or  ministerial,  shall  order  or  require  the 
working  of  any  female  on  the  streets  or  roads  in  any  group  or  chain  gang  in 
this  State,  he  shall  be  deemed  guilty  of  a  misdemeanor. 

C.  S.  13  6  5.  Commissioners  may  establish  houses  of  correction.  The 
board  of  commissioners  may,  when  they  deem  it  necessary,  establish  within 
their  respective  counties  one  or  more  convenient  institutions  to  be  known  as 
houses  of  correction,  or,  in  the  discretion  of  the  board  of  commissioners,  as 
training  schools,  municipal  farms,  or  juvenile  farms,  with  workshops  and 
other  suitable  buildings  for  the  safe  keeping,  correcting,  governing,  and 
employing  of  offenders  legally  committed  thereto.  They  may  also,  to  that 
end,  procure  machinery  and  material  suitable  for  such  employment  in  said 
institutions,  or  on  the  premises;  and  moreover  attach  thereto  a  farm  or 
farms;  and  all  lands  purchased  for  the  purposes  aforesaid  shall  vest  in  the 
directors  hereinafter  provided  for,  and  their  successors  in  office.  The  said 
board  also  has  power  to  make,  from  time  to  time,  such  rules  and  regulations 
as  it  may  deem  proper  for  the  kind  and  mode  of  labor  and  the  general  man¬ 
agement  of  the  said  institutions. 

C.  S.  13  66.  Who  must  or  may  be  committed  to  such  institutions.  It 
shall  be  the  duty  of  the  judges  of  the  criminal  courts  and  other  committing 
magistrates  of  such  county  or  counties  to  sentence  or  commit  thereto  all 
youthful  offenders  of  the  age  of  sixteen  years  and  under,  convicted  of  any 
crime  or  misdemeanor  whereof  the  punishment  by  statute  prescribes  a  fine 
or  sentence  of  imprisonment  or  working  the  roads.  Said  judges  and  com¬ 
mitting  magistrates  may  also  sentence  thereto  any  female  prisoners  and  such 
other  offenders  convicted  of  misdemeanors  who  by  reason  of  physical  in¬ 
firmities  or  mental  deficiencies  ought  not  to  be  imprisoned  in  the  county  jail 
or  worked  on  the  public  roads.  Nothing  herein  shall  be  construed  to  prevent 
the  working  at  light  labor  of  any  partially  disabled  or  infirm  convict,  or 
female  prisoner,  on  or  about  any  of  the  public  works,  buildings,  or  grounds 
in  any  such  county  at  and  upon  the  request  of  the  board  of  county  commis¬ 
sioners,  with  the  approval  of  the  court  or  committing  magistrate. 

« 

C.  S.  13  69.  Governor  to  be  notified  of  establishment.  When  any  in¬ 
stitution  is  established  in  pursuance  of  this  article,  it  is  the  duty  of  the 
chairman  of  the  board  of  commissioners  of  the  county  wherein  the  same  is 
established  to  certify  the  fact  to  the  Governor,  who  shall  cause  it  to  be  noted 
in  a  book  kept  for  that  purpose. 

C.  S.  13  70.  Directors  to  be  appointed;  duties.  The  board  of  commis¬ 
sioners  shall  annually  appoint  not  less  than  five  or  more  than  nine  directors 
for  each  institution  hereunder  established,  whose  duty  it  is  to  superintend 
and  direct  the  manager  herein  named  in  the  discharge  of  his  duties;  to  visit 
said  houses  at  least  once  in  every  three  months;  to  see  that  the  laws,  rules 
and  regulations  relating  thereto  are  duly  executed  and  enforced,  and  that 
the  persons  committed  to  his  charge  are  properly  cared  for,  and  not  abused  or 
oppressed.  The  directors  shall  keep  a  journal  of  their  proceedings,  and  pub¬ 
lish  annually  an  account  of  the  receipts  and  expenditures.  They  shall  fur- 


State  Laws  ox  Pi  blic  Welfare 


01 


thei  make  a  quarterly  report  to  their  respective  county  commissioners  of  the 
general  condition  of  their  charge,  and  of  the  receipts  and  expenditures  of  the 
institution.  They  shall  also  make  such  by-laws  and  regulations  for  the  govern¬ 
ment  thereof  as  shall  be  necessary,  which  shall  he  reported  to  and  approved 
by  the  said  commissioners.  The  directors  shall  be  paid  for  the  services  ren¬ 
dered,  by  the  county  treasurer,  each  director  first  making  it  appear  to  the 
satisfaction  of  the  board  of  county  commissioners,  by  his  oath,  the  character 
and  extent  of  the  services  rendered  for  which  he  claims  compensation;  and 
such  payment  shall  be  made  by  the  county  treasurer  out  of  any  funds  in  his 
hands  not  otherwise  appropriated. 

C.  S.  1372.  Manager  to  be  appointed;  bond,  duties.  The  board  of  com¬ 
missioners  shall  appoint  a  manager  for  each  house  or  establishment,  who 
shall  give  a  bond,  with  two  or  more  solvent  sureties,  in  such  sum  as  may  be 
required,  payable  to  the  State  of  North  Carolina,  conditioned  for  the  faithful 
discharge  of  his  duties.  He  shall  hold  his  office  during  the  pleasure  of  the 
board,  and  be  at  all  times  under  the  supervision  of  the  directors;  and  in 
case  of  his  misconduct,  of  which  they  shall  be  the  sole  judges,  he  may  be 
forthwith  removed  by  them  and  a  successor  appointed,  who  shall  discharge 
the  duties  of  the  office  until  another  manager  is  appointed  by  the  board  of 
commissioners.  It  is  the  duty  of  the  manager  to  receive  all  persons  sent  to 
the  house  of  correction,  to  keep  them  during  the  time  of  their  sentence,  and 
to  employ  and  control  them  according  to  the  rules  and  regulations  estab¬ 
lished  therefor.  He  shall  have  the  direction  and  control  over  the  subordinate 
officers,  assistants  and  servants,  who  may  be  appointed  by  the  directors.  He 
shall  make  monthly  reports  to  the  directors  of  his  management  of  the  insti¬ 
tution  and  his  receipts  and  expenditures. 


C.  S.  1373.  Manager  to  assign  employment  to  inmates.  The  manager 
shall  assign  to  each  person  sent  to  such  institution  the  kind  of  work  in  which 
such  person  is  to  be  employed. 


C.  S.  13  74.  Compensation  of  oflticers.  The  said  board  of  commissioners 
shall  direct  what  compensation  the  manager  and  such  subordinate  officers, 
assistants  and  servants,  as  shall  be  appointed,  shall  receive,  and  shall  provide 
for  the  payment  thereof. 


C.  S.  1375.  Sheriff  to  convey  persons  committed.  When  a  person  is 
sentenced  to  such  institution  he  shall  forthwith  be  committed  by  the  court 
to  the  custody  of  the  sheriff,  to  whom  the  clerk  shall  immediately  furnish  a 
certified  copy  of  the  sentence,  in  which  it  shall  be  stated  (if  the  fact  be  so) 
that  the  offender  is  committed  as  a  vagrant.  The  sheriff  shall  convey  the 
offender  to  the  institution,  and  deliver  him  to  the  manager  with  the  certified 
copy  aforesaid,  and  take  the  manager's  receipt  for  the  body;  which  leceipt 
the  sheriff  shall  return  to  the  clerk  of  the  board  of  commissioneis,  ^vith  his 
indorsement  of  the  time  when  the  offender  was  committed  to  him  and 
delivered  to  the  manager,  and  the  clerk  shall  record  the  same  in  a  book  kept 
for  that  purpose,  and  file  the  original  with  the  papers  in  the  case. 


C.  S.  1376.  Absconding  offenders  pnnislied.  If  any  offender  absconds, 
escapes,  or  departs  from  any  such  institution  without  license,  the  manager 
has  power  to  pursue,  retake  and  Dring  back,  and  to  reauire  all  necessary  aid 
for  that  puriiose;  and  when  brought  back,  the  manager  may  confine  him  to 
his  work  in  such  manner  as  he  may  judge  necessary  or  may  put  him  in 
close  confliiement  in  the  county  jail  or  elsewhere,  until  he  submits  to  the 


92 


State  Laws  on  Public  Welfare 


regulations  of  such  institution;  and  for  every  escape  each  offender  shall  be 
held  to  labor  in  such  institution  for  the  term  of  one  month  in  addition  to  the 
time  for  which  he  was  first  committed. 

C.  S.  1377.  Release  of  vagrants.  If  a  person  committed  as  a  vagrant 
behaves  well  and  reforms,  he  may,  on  the  certificate  of  the  manager,  be 
released  by  the  directors.  But  if  otherwise  committed,  he  may  be  released  by 
the  committing  authority,  upon  the  certificate  of  the  manager  and  directors, 
upon  such  conditions  as  they  may  deem  proper. 

C.  S.  13  79.  Counties  may  establish  joint  house  of  correction.  Any  two 
or  more  counties,  acting  through  their  respective  hoards  of  commis¬ 
sioners,  may  jointly  establish  one  or  more  convenient  houses  of  correction, 
as  is  provided  in  the  preceding  sections,  for  the  joint  use  of  the  counties  so 
agreeing  together;  and  the  same  may  be  established  at  such  place  or  places, 
and  be  in  all  respects  managed  under  such  by-laws,  rules  and  regulations  as 
a  majority  of  the  general  board  of  directors,  to  be  appointed  as  hereinafter 
directed,  shall  determine. 

Health  of  Prisoners 

C.  S.  7207.  Tuberculous  county  prisoners  to  be  segregated.  The  board 
of  county  commissioners  of  the  respective  counties  of  North  Carolina  shall 
provide  in  the  jail-house  or  in  any  camp  or  place  where  prisoners  are  com¬ 
mitted  for  keeping  or  sentenced  to  a  term  of  imprisonment  in  any  county  in 
the  State  of  North  Carolina,  separate  cells  or  rooms  or  a  place  in  which  shall 
be  confined  any  prisoner  or  prisoners  who  may  be  committed  for  keeping  or 
sentenced  to  said  prison  or  place  of  confinement  for  a  term  of  imprisonment, 
who  has  been  examined  by  the  county  physician  or  county  health  officer  and 
pronounced  to  be  affected  with  tuberculosis. 

C.  S.  7208.  Sheriff  to  have  prisoners  suspected  to  be  tuberculous  ex¬ 
amined  and  separated.  When  a  prisoner  is  placed  in  the  custody  of  a 
sheriff  for  the  purpose  of  being  committed  to  jail  or  to  any  place  where  pris¬ 
oners  are  kept,  and  the  sheriff  has  reason  to  believe  or  suspect  that  the  pris¬ 
oner  is  suffering  with  tuberculosis,  it  shall  be  the  duty  of  the  sheriff  to  have 
such  prisoner  examined  by  the  county  physician  or  county  health  officer,  and 
if  upon  examination  the  prisoner  is  pronounced  tubercular,  then  he  shall  be 
separated  from  other  prisoners  and  confined  in  a  separate  cell  or  other  place 
of  confinement. 

C.  S.  7211.  Prison  authorities  to  have  prisoners  suspected  to  be  tuber¬ 
culous  examined.  When  a  prisoner  is  committed  to  any  prison  or  place 
of  confinement  designated  in  this  article,  and  the  sheriff  of  the  county,  the 
warden  of  the  State’s  Prison  or  other  authorities  of  the  prison  know  or 
suspect  the  prisoner  to  be  suffering  with  tuberculosis,  it  shall  be  the  duty 
of  such  authorities  to  cause  the  prisoners  to  be  examined  by  the  county  phy¬ 
sician,  the  county  health  officer,  or  the  physician  in  charge  within  five  days 
after  the  prisoner  has  been  committed  or  sentenced  to  the  prison. 

C.  S.  7212.  Prisoners  may  be  worked  together.  Nothing  contained  in 
any  of  the  preceding  sections  of  this  article  shall  be  so  construed  as  to  inter¬ 
fere  with  or  prevent  the  county  or  State  authorities  from  working  together 
all  prisoners  on  public  works  as  now  provided  for  by  law. 

C.  S.  7216.  Health  authorities  to  examine  all  prisoners.  It  shall  be  the 
duty  of  every  county  physician  or  city  physician,  or  county  health  officer  or 


State  Laws  ox  Public  Welfare 


9:] 


city  health  officer,  or  other  physician  having  in  charge  the  medical  care  of 
prisoneis  in  any  city  or  county  in  this  State,  or  on  any  public  or  private 
works  where  prisoners  or  convicts  are  employed,  to  make  a  thorough  physical 
examination  of  every  prisoner  committed  to  the  county  or  city  jail  or  to  the 
county  or  city  chain  gang  or  road  force,  or  any  public  or  private  works 
within  forty-eight  hours  after  the  admission  of  such  prisoner;  'and  when  he 
finds  a  prisoner  suffering  with  tuberculosis,  he  shall  make  a  written  report 
of  same  to  the  State  Board  of  Health,  stating  in  detail  the  conditions  found 
and  the  stage  of  the  disease,  within  twenty-four  hours  after  making  such 
diagnosis,  and  he  shall  also  report  same  to  the  superintendent  of  the  chain 
gang  or  the  jailer  or  the  superintendent  of  the  public  or  private  works,  and 
to  the  sheriff  of  the  county,  in  writing,  within  twenty-four  hours  after  having 
made  such  diagnosis  of  tuberculosis. 

C.  S.  7217.  Officials  in  charge  of  prisoners  to  repoil  on  health.  Every 
superintendent  of  convicts,  or  superintendent  of  public  or  private  works 
where  convicts  are  employed,  and  the  superintendent  of  the  central  prison 
and  State  farm,  and  every  jailer,  shall  make  such  reports  as  to  the  existence 
of  cases  of  tuberculosis  or  suspected  cases  of  tuberculosis,  or  other  disease  or 
diseases,  and  loss  of  time  on  account  of  sickness,  and  the  disease  or  diseases 
causing  such  loss  of  time  and  such  other  things  that  may  have  a  bearing  on 
the  health  of  the  prisoners  and  the  sanitation  of  the  camp,  prison,  or  jail, 
to  the  State  Board  of  Health  at  such  stated  periods  and  on  such  stated  forms 
as  may  be  requested  by  the  State  Board  of  Health.  And  every  health  officer 
or  other  physician  having  charge  of  prisoners  in  county  convict  camps,  on 
county  or  city  roads  or  streets  or  public  or  private  works,  or  in  jails  or 
prisons.  State,  city,  or  county,  shall  likewise  make  such  reports  to  the  State 
Board  of  Health  as  to  the  physical  condition  and  transfer  of  prisoners  and 
as  to  the  sanitary  condition  of  camps,  jails,  or  prisons,  as  may  be  requested 
by  the  State  Board  of  Health. 

C.  S.  7218.  Reports  to  include  transference  and  particulars  as  to  tuber¬ 
culous.  The  superintendent  of  the  central  prison  or  State  farm,  convict 
camps,  or  of  any  public  or  private  works  where  convicts  are  used,  and  the 
jailers  of  the  county  jails  and  the  sheriff  of  the  county,  and  the  medical  officer 
connected  with  any  of  the  above  mentioned  places  where  convicts  are  kept 
or  worked,  shall  make  such  reports  to  the  State  Board  of  Health  as  to  trans¬ 
ference  of  prisoners  suffering  with  tuberculosis,  giving  name  of  prisoner, 
length  of  time  said  prisoner  had  been  under  his  jurisdiction,  the  stage  of  the 
disease,  point  or  place  to  which  he  was  transferred,  name  and  addiess  and 
official  title  of  the  person  to  whom  he  was  transferred,  and  such  othei  infoi- 
mation  as  may  be  requested  by  the  State  Board  of  Health. 


'  Surgical  Operations  on  Inmates  of  State  Institutions 

C  S.  7  221.  Operations  for  iinprovcnient  of  mental,  moral,  or  j)h>sic«il 
condition.  The  medical  staff  of  any  penal  or  charitable  hospital  or  insti¬ 
tution  of  the  State  of  North  Carolina  is  hereby  permitted  and  instructed  to 
have  anv  surgical  operation  performed  by  competent  and  skillful  surgeons 
upon  any  inmate  of  any  such  penal  or  charitable  hospital  or 
in  the  judgment  of  the  board  hereinafter  created  in  the  next  succeeding  sec 
tion,  such  operation  would  be  for  the  improvement  of 
physical  condition  of  such  inmate  of  any  such  institution. 
operation  shall  not  be  performed  until  same  shall  have  been  affirmed  b> 
Cxovernor  and  the  secretary  of  the  State  Board  of  Health. 


04 


State  Laavs  on  Public  Welfabe 


C.  S.  7222.  Board  of  consultation  for  cari’ying  out  piwdsions  of  this 
article.  At  least  one  representative  of  the  medical  staff  of  the  several 
charitable  and  penal  institutions  of  the  State,  and  one  from  the  State  Board 
of  Health,  such  representatives  to  be  designated  by  the  governing  bodies  of 
the  several  institutions,  shall  constitute  a  board  of  consultation  for  the 
carrying  out  of  the  provisions  of  this  article.  Such  board  shall  cause  a 
permanent  record  to  be  kept  by  one  of  its  members,  designated  as  secretary, 
of  all  its  actions  and  judgments,  taken  at  a  meeting  held  only  after  due 
notice  has  been  issued  to  all  its  members. 


Ruling  of  Attoniey-General  on  Discipline  of  Jail  l^risoners 

August  22,  1922. 

Mrs.  Clarence  A.  Johnson, 

State  Commissioner  of  Puhlie  Welfare, 

Raleigh,  N.  C. 

Dear  Madam:  You  asked  this  office  to  state  fully  whether  or  not  the  keeper 
of  a  county  jail  has  any  authority  to  discipline  the  prisoners  confided  to  his 
care.  The  jailer  in  North  Carolina  is  simply  an  employee  of  the  sheriff  of 
the  county  whose  jail  he  keeps.  He  is  not  a  public  officer,  but  in  all  his  acts 
in  the  scope  of  his  authority  represents  the  sheriff.  Our  Court  has  held  with 
reference  to  the  county  convicts  sentenced  to  hard  labor  upon  the  public  roads 
that  they  are  not  subject  to  hogging  by  the  officer  having  them  in  charge. 
Section  1361  of  C.  S.  authorizes  the  board  of  commissioners  of  a  particular 
county  to  enact  all  needful  rules  and  regulations  for  the  successful  working 
of  convicts  upon  the  public  roads.  This,  of  course,  does  not  confer  any 
authority  upon  the  county  commissioners  to  make  rules  and  regulations  even 
for  convicts  whose  punishment  is  confinement  in  the  county  prison,  so,  of 
course,  much  less  can  they  make  rules  and  regulations  for  the  discipline  of 
prisoners  untried  and  imprisoned  in  the  county  jail  temporarily  until  trial 
on  account  of  their  inability  to  give  bond.  The  sheriff  himself  has  no  author¬ 
ity  to  discipline  prisoners  of  either  of  the  latter  classes.  It  is  very  clear, 
then,  that  when  the  jailer  goes  beyond  the  necessary  measures  for  preventing 
the  escape  of  prisoners  committed  to  his  care,  or  the  necessary  precautions 
for  his  own  safety,  he  offends  against  the  law.  In  no  sense  and  in  no  way 
has  he  authority  to  discipline  the  prisoners  committed  to  him  as  an  employee 
of  the  sheriff  for  safe-keeping. 

Yours  very  truly, 

(Signed)  James  S.  Manning, 

Attorney  General. 

[Chapter  127,  Public  Laws  1923.] 

SANATORIUM  FOR  TUBERCULAR  PRISONERS 

The  General  Assembly  of  Rorth  Carolina  do  enact : 

Section  1.  That  the  administration  of  this  act  is  given  exclusively  to  the 
board  of  directors  of  the  North  Carolina  Sanatorium  for  the  Treatment  of 
Tuberculosis,  which  board  is  expressly  authorized  and  empowered  to  make 
such  rules  and  regulations  not  inconsistent  with  this  act  as  it  may  deem 
wise:  First,  as  to  the  determination  of  whether  a  particular  convict  is  suf¬ 
fering  Avith  tuberculosis,  and,  second,  whether  or  not  the  disease  is  in  such  a 
stage  as  to  require  special  treatment. 

Sec.  2.  There  shall  be  established  at,  or  as  near  to  as  feasible,  the  North 
Carolina  Sanatorium  for  the  Treatment  of  Tuberculosis,  a  sanatorium  for  the 
treatment  of  tubercular  prisoners  or  convicts.  The  board  of  directors  of  the 
North  Carolina  Sanatorium  for  the  Treatment  of  Tuberculosis  shall  have  all 


1)5 


State  Laws  on  Public  AYelfake 

the  authority  and  power  over  the  said  sanatorium  as  that  conferred  upon  the 
State  Board  of  Health  over  the  said  North  Carolina  Sanatorium  in  sections 
seven  thousand  one  hundred  and  seventy-two  et  seq.  of  the  Consolidated 
Statutes  of  one  thousand  nine  hundred  and  nineteen. 

Sec,  3,  The  county  physician  or  county  health  ofRcer  of  the  various  coun¬ 
ties  of  the  State  who  has  examined  any  prisoner  or  convict  upon  the  public 
roads  and  has  pronounced  him  to  be  affected  with  tuberculosis,  is  hereby  re¬ 
quired  to  report  such  case  to  the  board  of  directors  of  the  North  Carolina 
Sanatorium  for  the  Treatment  of  Tuberculosis,  giving  a  history  of  the  same 
and  such  other  facts  as  the  board  of  directors  of  the  North  Carolina  Sana¬ 
torium  for  the  Treatment  of  Tuberculosis  may  determine  in  its  rules  and 
regulations. 

Sec,  4,  The  physician  in  charge  of  the  State’s  Prison  or  any  particular 
convict  camp  of  State  prisoners  shall  make  similar  reports  under  similar 
rules  and  regulations  to  the  board  of  directors  of  the  North  Carolina  Sana¬ 
torium  for  the  Treatment  of  Tuberculosis  of  all  State  prisoners  who  upon 
examination  by  him  have  been  determined  to  be  infected  with  tuberculosis. 

Sec.  5.  The  board  of  directors  of  the  North  Carolina  Sanatorium  for  the 
Treatment  of  Tuberculosis  upon  receiving  such  reports  shall  examine  into 
the  condition  of  these  prisoners  or  convicts  and  if  it  is  determined  that  such 
condition  justifies  it,  shall  direct  their  transfer  from  either  county  authori¬ 
ties,  if  a  county  prisoner,  or  the  State’s  Prison,  if  a  State  prisoner,  to  the 
sanatorium  herein  provided.  The  cost  of  such  transfer,  if  it  is  a  county 
prisoner,  shall  be  paid  by  the  county  from  which  he  is  transferred;  if  a  State 
prisoner,  the  cost  shall  be  paid  by  the  State’s  Prison. 

Sec.  6.  In  addition  to  the  authority  to  make  rules  and  regulations  herein¬ 
before  placed  upon  the  board  of  directors  of  the  North  Carolina  Sanatorium 
for  the  Treatment  of  Tuberculosis,  it  is  further  authorized  to  make  such 
rules  and  regulations  as  in  its  judgment  may  seem  wise  in  relation  to  the 
care  and  safe-keeping  of  the  prisoners  and  convicts  so  transferred  to  the 
State  Sanatorium  for  Tubercular  Prisoners. 

Sec.  7.  That  there  is  hereby  appropriated  from  funds  not  otherwise  appro¬ 
priated  in  the  hands  of  the  State  Treasurer  the  sum  of  fifty  thousand  dollars 
($50,000),  for  the  purchase  of  land  and  erection  of  adequate  buildings  for 
such  sanatorium  for  prisoners  and  convicts;  and  there  is  further  appropriated 
for  the  year  one  thousand  nine  hundred  and  twenty-three  and  the  year  one 
thousand  nine  hundred  and  twenty-four  the  sum  of  thirty-seven  thousand 
five  hundred  dollars  ($37,500)  for  the  support  of  such  sanatorium  dining 
these  years.  The  Auditor  of  the  State  shall  issue  his  warrant  for  such  paits 
of  such  sums  as  may  be  from  time  to  time  certified  to  him  by  the  board  of 
directors  of  the  North  Carolina  Sanatorium  for  the  Treatment  of  Tubercu¬ 
losis  and  the  Treasurer  shall  pay  said  warrants  from  the  appiopiiations 

herein  made. 

Sec.  8.  'All  laws  and  parts  of  laws  in  conflict  with  this  act  are  heieb> 
repealed. 

Sec.  9.  That  this  act  shall  take  effect  from  and  after  its  ratification. 

Ratified  March  2d,  A.  D.  1923. 


THE  CAKE  OF  THE  FOOll 

C  S  13  3  5.  Support  of  poor;  superintendent  of  county  home;  paupeis 
removing  to  county.  The  board  of  commissioners  of  each  county  is  au¬ 
thorized  to  provide  by  taxation  lor  the  maintenance  of  the  poor,  and  to  do 
IveryuLs  expedient  tor  their  comfort  and  well  ordering  They  may  emp  oy 
biennially  some  competent  person  as  superintendent  of  the  county  home  tor 


96 


State  Laws  ox  Public  Welfake 


the  aged  and  infirm,  and  may  remove  him  for  cause.  They  may  institute 
proceedings  against  any  person  coming  into  the  county  who  is  likely  to 
become  chargeable  thereto,  and  cause  his  removal  to  the  county  where  he 
was  last  legally  settled;  and  they  may  recover  from  such  county  by  action  all 
charges  and  expenses  incurred  for  the  maintenance  or  removal  of  such  poor 
person. 

C.  S.  133  6.  County  home  for  aged  and  infirm.  All  persons  who  necome 
chargeable  to  any  county  shall  be  maintained  at  the  county  home  for  the 
aged  and  infirm,  or  at  such  place  or  places  as  the  board  of  commissioners 
select  or  agree  upon. 

C.  S.  133  7.  Records  for  county,  how  to  be  kept.  The  keeper  or  super¬ 
intendent  in  charge  of  each  county  home  in  North  Carolina,  or  the  board  of 
county  commissioners  in  each  county  where  there  is  no  county  home,  shall 
keep  a  record  book  showing  the  following:  Name,  age,  sex,  and  race  of  each 
inmate;  date  of  entrance  or  discharge;  mental  and  physical  condition;  cause 
of  admission;  family  relation  and  condition;  date  of  death  if  in  the  home; 
cost  of  supplies  and  per  capita  expense  of  home  per  month;  amount  of  crops 
and  value,  and  such  other  information  as  may  be  required  by  the  board  of 
county  commissioners  or  the  State  Board  of  Charities  and  Public  Welfare; 
and  give  a  full  and  accurate  report  to  the  county  commissioners  and  to  the 
State  Board  of  Charities  and  Public  Welfare.  Such  report  to  be  filed  an¬ 
nually  on  or  before  the  first  Monday  in  December  of  each  year. 

C.  S.  133  8.  Support  of  county  home.  The  board  of  commissioners  may 
provide  for  the  support  of  the  persons  admitted  by  them  to  the  home  for  the 
aged  and  infirm  by  employing  a  superintendent  at  a  certain  sum,  or  by  pay¬ 
ing  a  specified  sum  for  the  support  of  such  persons  to  any  one  who  will  take 
charge  of  the  county  home  for  the  aged  and  infirm,  as  said  board  may  deem 
for  the  best  interest  of  the  county  and  the  cause  of  humanity. 

C.  S.  1339.  Property  of  indigent  to  be  sold  or  rented.  When  any  indi¬ 
gent  person  who  becomes  chargeable  to  a  county  for  maintenance  and  sup¬ 
port  in  accordance  with  the  provisions  of  this  article,  owns  any  estate,  it  is 
the  duty  of  the  board  of  commissioners  of  any  county  liable  to  pay  the 
expenses  of  such  indigent  person,  to  cause  the  same  to  be  sold  for  its  indem¬ 
nity  or  reimbursement  in  the  manner  provided  under  article  three  of  the 
chapter  entitled  Insane  Persons  and  Incompetents,  or  they  may  take  posses¬ 
sion  thereof  and  rent  the  same  out  and  apply  the  rent  toward  the  support  of 
such  indigent  person. 

C.  S.  13  40.  Families  of  indigent  militiamen  to  be  supported.  When  any 
citizen  of  the  State  is  absent  on  service  as  a  militiaman  or  member  of  the 
State  guard,  and  his  family  are  unable  to  support  themselves  during  his 
absence,  the  board  of  commissioners  of  his  county,  on  application,  shall 
make  towards  their  maintenance  such  allowance  as  may  be  deemed  rea¬ 
sonable. 

C.  S.  1341.  Paupers  not  to  be  hired  out  at  auction.  No  pauper  shall  be 
let  out  at  public  auction,  but  the  board  of  commissioners  may  make  such 
arrangements  for  the  support  of  paupers  with  their  friends  or  other  persons, 
when  not  maintained  at  the  county  home  for  the  aged  and  infirm,  as  may 
])e  deemed  best. 


97 


State  Laws  on  Public  Welfake 

C.  S.  1342.  Legal  settlements;  how  acquired.  Legal  settlements  may 
be  acquired  in  any  county,  so  as  to  entitle  the  party  to  be  supported  by  such 
county,  in  the  manner  following,  and  not  otherwise; 

1.  By  one  years  residence.  Every  person  who  has  resided  continuously  in 
any  county  for  one  year  shall  be  deemed  legally  settled  in  that  county. 

2.  Married  woinen  to  have  settlement  of  their  hushands.  A  married  woman 
shall  always  follow  and  have  the  settlement  of  her  husband,  if  he  have  any 
in  the  State,  otherwise,  her  own  at  the  time  of  her  marriage,  if  she  then  had 
any,  shall  not  be  lost  or  suspended  by  the  marriage,  but  shall  be  that  of  her 
husband,  till  another  is  acquired  by  him,  which  shall  then  be  the  settlement 
of  both. 

3.  Legitimate  child}  en  to  have  settlement  of  father.  Legitimate  children 
shall  follow  and  have  the  settlement  of  their  father,  if  he  has  any  in  the 
State,  until  they  gain  a  settlement  of  their  own;  but  if  he  has  none,  they 
shall,  in  like  manner,  follow  and  have  the  settlement  of  their  mother,  if  she 
has  any. 

4.  Illegitimate  children  to  have  settlement  of  mother.  Illegitimate  children 
shall  follow  and  have  the  settlement  of  their  mother,  at  the  time  of  their 
birth,  if  she  then  have  any  in  the  State.  But  neither  legitimate  nor  illegiti¬ 
mate  children  shall  gain  a  settlement  by  birth  in  the  county  in  which  they 
may  be  born,  if  neither  of  their  parents  had  any  settlement  therein. 

5.  Settlement  to  continue  until  new  one  acquired.  Every  legal  settlement 
shall  continue  till  it  is  lost  or  defeated  by  acquiring  a  new  one,  within  or 
without  the  State;  and  upon  acquiring  such  new  settlement,  all  former  settle¬ 
ments  shall  be  defeated  and  lost. 

C.  S.  1343.  Removal  of  indigent  to  county  of  settlement;  maintenance; 
penalties.  Upon  complaint  made  by  the  chairman  of  the  board  of  county 
commissioners,  before  a  justice  of  the  peace,  that  any  person  has  come  into 
the  county  who  is  likely  to  become  chargeable  thereto,  the  justice,  by  his 
warrant,  shall  cause  such  poor  person  to  be  removed  to  the  county  where  he 
was  last  legally  settled;  but  if  such  poor  person  is  sick  or  disabled,  and  can¬ 
not  be  removed  without  danger  of  life,  the  board  of  commissioners  shall  pro¬ 
vide  for  his  maintenance  and  cure  at  the  charge  of  the  county;  and  after  his 
recovery  shall  cause  him  to  be  removed,  and  pay  the  charges  of  his  removal. 
The  county  wherein  he  was  last  legally  settled  shall  repay  all  charges  occa¬ 
sioned  by  his  sickness,  maintenance,  cure  and  removal,  and  all  charges 
whatever,  if  such  person  die  before  removal.  If  the  board  of  commissioners 
of  the  county  to  which  such  poor  person  belongs  refuses  to  receive  and  pro¬ 
vide  for  him  when  removed  as  aforesaid,  every  commissioner  so  refusing  shall 
forfeit  and  pay  forty  dollars,  for  the  use  of  the  county  whence  the  removal 
was  made;  moreover,  if  the  board  of  commissioners  of  the  county  where  such 
person  was  legally  settled  refuses  to  pay  the  charges  and  expenses  aforesaid, 
they  shall  be  liable  for  the  same.  If  any  housekeeper  entertains  such  poor 
person  without  giving  notice  thereof  to  the  board  of  commissioners  of  his 
county,  or  one  of  them,  within  one  month,  the  person  so  offending  shall  forfeit 
and  pay  ten  dollars. 


7 


98 


State  Laws  on  Public  Welfaee 


Distiuct  Hospital-Homes 

[Laws  1923.] 

AN  ACT  TO  ENABLE  ANY  TWO  OR  MORE  COUNTIES  TO  ESTABLISH  A 
DISTRICT  HOSPITAL-HOME  IN  LIEU  OF  SEPARATE  COUNTY 
HOMES. 

The  General  Assembly  of  Nor’th  Carolina  do  enaet : 

Section  1.  Any  two  or  more  adjacent  counties  may  by  action  of  the  county 
commissioners  in  said  counties,  as  hereafter  provided,  establish  a  District 
Hospital-Home  for  the  Aged  and  Infirm,  to  be  located  at  some  suitable  place 
within  the  counties  composing  the  district,  location  and  purchase  to  be  con¬ 
trolled  by  a  board  of  trustees  appointed  by  the  county  commissioners  of  the 
respective  counties  owning  and  controlling  said  hospital-home,  each  county 
having  the  same  relative  vote  in  all  meetings  of  the  board  of  trustees  as  such 
county  has  in  the  lower  house  of  the  General  Assembly. 

Sec.  2.  That  the  county  commissioners  of  the  aforesaid  counties  are  hereby 
authorized  and  empowered  to  sell  and  convey  by  deed  all  properties  held  by 
the  aforesaid  counties  for  the  care  and  maintenance  of  their  county’s  poor, 
and  from  the  proceeds  of  such  sale  appropriate  so  much  as  may  be  required 
to  meet  said  county’s  proportionate  part  of  the  funds  necessary  to  perfect 
the  completion  of  said  community  home  for  the  aged  and  infirm  as  provided 
herein. 

Sec.  3.  That  should  it  be  deemed  wisest  not  to  sell  said  properties,  or 
should  any  county  not  have  said  properties  in  its  possession,  or  should  any 
counties  have  said  properties’  which  would  not  be  for  sale,  the  necessary 
funds  shall  then  be  raised  by  direct  taxation  within  the  county  or  counties 
preferring  this  method  of  raising  their  pro  rata  part. 

Sec.  4.  That  the  several  boards  of  county  commissioners  shall  as  soon  as 
they  shall  have  agreed  among  themselves  to  establish  a  District  Hospital- 
Home  for  the  Aged  and  Infirm  for  their  counties,  appoint  the  members  of 
the  board  of  trustees,  which  board  shall  be  known  as  the  Board  of  Trustees 

of  the  District  Hospital-Home  for  the  District  Comprising  . ,  . , 

.  Counties;  the  members  of  said  board  of  trustees  shall.be  appointed 

every  two  years  by  the  boards  of  county  commissioners,  the  term  of  office 
for  said  trustees  shall  be  two  years,  and  until  their  successors  are  chosen 
and  qualified;  that  all  vacancies  shall  be  filled  by  the  several  boards  of 
county  commissioners  and  said  commissioners  shall  provide  for  the  expense 
and  compensation  of  said  board  of  trustees. 

Sec.  5.  That  this  board  of  trustees  shall,  as  soon  as  possible  after  appoint¬ 
ment,  assemble  and  organize  by  the  election  of  a  chairman,  a  secretary  and 
a  treasurer,  which  last  officer  shall  be  bonded.  They  shall  proceed  promptly 
with  the  purchase  of  a  site  for  such  hospital-home,  including,  if  they  deem 
it  desirable,  a  farm  of  suitable  size,  location  and  fertility,  giving  due  consid¬ 
eration  to  sanitary  surroundings  and  transportation  facilities;  provide  for 
the  necessary  stock,  tools  and  farm  equipment,  and  shall  then  cause  to  be 
erected  suitable  plain,  substantial,  comfortable  and  permanent  buildings  for 
the  accommodation  of  those  for  whom  this  act  is  intended,  giving  due  regard 
to  the  separation  of  the  sexes  and  races,  and  such  other  plans  for  segregation 
as  their  judgment  and  existing  conditions  may  suggest.  Said  buildings  are 
to  be  furnished  with  plain,  substantial  furniture,  and  such  other  equipment 
as  conditions  demand. 

Sec.  6.  That  the  several  counties  constructing,  equipping,  and  operating 
a  district  hospital-home  shall  pay  for  the  site  and  for  the  construction  and 
equipment  of  the  plant  in  proportion  to  the  taxable  property  of  the  several 


State  Laws  on  Public  Welfare 


99 


counties  and  shall  own  in  the  same  proportion,  but  the  operating  expenses 
shall  be  borne  by  the  several  counties  in  proportion  to  the  population  of 
the  county. 

Sec.  7.  That  the  State  Board  of  Charities  and  Public  Welfare  shall  have 
prepared  plans  for  such  district  hospital-home  and  shall  furnish  such  plans 
on  request  to  any  board  of  trustees  of  any  district  hospital-home  at  cost; 
and  that  all  such  hospital-homes  shall  be  built  in  accordance  with  plans  fur¬ 
nished  or  approved  by  the  State  Board  of  Charities  and  Public  Welfare. 

Sec.  8.  That  as  soon  as  the  district  hospital-home  is  ready  for  occupancy 
the  several  county  homes  or  poor  houses,  heretofore  owned  by  the  several 
counties,  shall  be  closed  and  occupants  shall  be  transferred  and  located  in 
the  district  hospital-home  for  the  aged  and  infirm  herein  provided  for. 

Sec.  9.  That  the  board  of  trustees  of  the  said  district  hospital-home  shall 
elect  a  capable  superintendent  and  such  other  employes  as  it  may  deem 
necessary  to  the  efficient  management  of  said  district  hospital-home  and  shall 
fix  their  salaries  with  due  regard  to  number  and  condition  of  inmates  occu¬ 
pying  said  district  hospital-home. 

Sec.  10.  That  the  board  of  trustees  shall  meet  at  least  twice  a  year  for 
the  transaction  of  such  business  as  their  positions  may  require.  They  shall 
have  the  general  conduct  and  management  of  the  district  hospital-home’s 
affairs.  They  shall  meet  at  the  call  of  the  chairman  whenever  he  shall  deem 
it  necessary,  or  upon  call  issued  by  a  majority  of  the  board. 

Seic.  11.  That  the  matter  to  be  considered  at  any  special  meeting  shall  be 
set  out  in  the  call  for  the  special  meeting,  but  any  business  may  be  trans¬ 
acted  at  special  meetings  which  received  a  two-thirds  vote  of  the  entire  board 
of  trustees,  although  not  mentioned  in  the  call. 

Sec.  12.  That  the  board  is  vested  with  all  powers  not  already  mentioned 
which  are  possessed  by  boards  supervising  State  institutions. 

Sec.  13.  That  any  two  or  more  counties  constructing,  operating  and  main¬ 
taining  a  district  hospital-home  for  the  aged  and  infirm  shall,  as  required  by 
law  now  in  force  for  the  care  and  maintenance  of  those  not  able  to  care  for 
themselves,  send  such  person  or  persons  to  the  district  hospital-home  for  the 
aged  and  infirm  in  lieu  of  the  county  home  and  shall  pay  the  expense  of 
maintenance  in  proportion  to  the  population  of  the  county. 

Sec.  14.  That  as  soon  after  the  first  day  of  January  of  each  year  as  may 
be  practicable  the  board  of  trustees  shall  cause  a  report  to  be  made  of  the 
hospital-home,  which  report  shall  show  the  number  of  inmates,  the  county 
admitting  them,  date  of  admission,  age,  condition  of  health,  sex,  color,  educa¬ 
tional  acquirements,  diagnosis  of  disease  if  diseased,  total  number  of  inmates 
received  during  the  year,  average  number  cared  for  per  month,  names  and 
disposition  of  those  dismissed,  pro  rata  cost  of  maintenance,  the  total  amount 
of  money  expended,  the  total  amount  of  money  received  from  each  countj, 
and  such  information  as  the  State  Board  of  Charities  and  Public  Welfaie 
and  the  board  of  trustees  of  the  district  hospital-home  may  demand.  It  shall 
also  show  an  inventory  and  appraisement  of  property,  real  and  personal,  and 
give  a  strict  account  of  receipts  from  farm  and  expenditure  thereon,  and 
such  other  information  as  may  be  required  to  check  up  the  institution  from 

all  viewpoints. 

Sec.  15.  That  a  copy  of  the  said  report  of  the  said  board  of  U’ustees  shall 
be  furnished  the  county  commissioners  of  the  respective  counties  interested 
in  and  providing  said  district  hospital-home. 

Sec.  16.  That  all  acts  or  parts  of  acts  not  consistent  with  this  act  are 

hereby  repealed. 

Sec.  17.  That  this  act  shall  be  in  force  from  and  after  its  i  atitication. 

Ratified  this  the  6th  day  of  March,  A.  D.  1923. 


100 


State  Laws  on  Public  Welfake 


[Chapter  189,  Public  Laws  of  1921.] 

CONFEDERATE  PENSIONS 

The  General  Assembly  of  North  Carolina  do  enact: 

Section  1.  State'  Board  of  Pensi07is.  The  Governor,  Attorney  General,  and 
Auditor  shall  be  constituted  a  State  Board  of  Pensions,  which  shall  examine 
each  application  for  a  pension,  and  for  this  purpose  it  may  take  other  testi¬ 
mony  than  that  sent  up  by  the  county  boards.  Such  applications  as  are 
approved  by  the  State  board  shall  be  paid  by  the  Treasurer,  upon  the  warrant 
of  the  Auditor. 

Sec.  2.  State  hoard  to  yrese^'ihe  rules.  The  State  Board  of  Pensions  is 
hereby  empowered  to  prescribe  rules  and  regulations  for  the  more  certainly 
carrying  into  effect  this  article  according  to  its  true  intent  and  purpose. 

Sec.  3.  The  Auditor  to  transmit  lists.  The  Auditor  shall,  as  soon  as  the 
same  is  ascertained,  transmit  to  the  clerks  of  the  Superior  Court  of  the  sev¬ 
eral  counties  a  correct  list  of  the  pensioners,  with  their  postofhces,  as  allowed 
by  the  State  Board  of  Pensions.  The  Auditor  may  have  printed,  once  in 
each  year,  but  not  oftener,  a  list  of  the  pensioners  on  the  pension  roll. 

Sec.  4.  County  hoai'd  of  pensions.  The  clerk  of  the  Superior  Court,  to¬ 
gether  with  three  reputable  ex-Confederate  soldiers,  or  sons  of  ex-Confederate 
soldiers,  to  be  appointed  by  the  State  Auditor,  shall  constitute  a  county  board 
of  pensions  for  their  county. 

Sec.  5.  Applicants  to  appear  in  person.  All  persons  entitled  to  pensions 
under  this  article,  not  now  drawing  pensions,  shall  appear  before  the  county 
board  of  pensions  on  or  before  the  first  Monday  in  July  of  each  year,  for 
examination  and  classification  in  compliance  with  the  provisions  of  this 
article:  Py'ovided,  that  all  such  as  are  unable  to  attend  shall  present  a  cer¬ 
tificate  from  a  creditable  physician,  living  and  practicing  medicine  in  the 
community  in  which  the  applicant  resides,  that  the  applicant  is  unable  to 
attend. 

Sec.  6.  Revision  of  lists.  On  the  first  Monday  of  July  of  each  year  the 
pension  board  of  each  county  shall  revise  and  purge  the  pension  roll  of  the 
county,  first  giving  written  notice  of  ten  days  to  the  pensioner  who  is  alleged 
not  to  be  rightfully  on  the  State  pension  roll,  to  show  cause  why  his  name 
should  not  be  stricken  from  the  pension  list,  and  the  board  shall  meet  another 
day  to  consider  the  subject  of  purging  the  list. 

Sec.  7.  Pensions  for  total  blindness,  loss  of  both  hands,  or  loss  of  arm  and 
leg.  All  ex-Confederate  soldiers  and  sailors  who  have  become  totally  blind 
since  the  war,  or  who  have  lost  their  sight,  or  both  hands  and  feet,  or  one 
arm  and  one  leg,  in  the  Confederate  service,  shall  receive  from  the  public 
treasury  one  hundred  and  eighty  dollars  ($180)  a  year. 

Sec.  8.  Lists  to  be  cei'tificd  to  Governor.  War'rants  for  jmyment.  Clerks 
to  make  payments  monthly.  The  clerk  of  the  Superior  Court  shall,  under  his 
seal  of  office,  certify  to  the  Governor  the  name  and  the  number  of  the  soldiers 
examined  in  his  county  who  are  blind  and  maimed,  or  who  have  become 
paralyzed  and  are  totally  disabled  by  reason  thereof;  upon  such  certificate 
the  Auditor,  with  the  approval  of  the  Governor,  is  authorized  to  issue  his 
warrant  to  the  Treasurer  to  pay  the  sum  of  one  hundred  and  eighty  dollars 
($180)  annually  for  each  blind  and  maimed  person,  and  each  person  para¬ 
lyzed  and  disabled  by  reason  thereof,  named  in  the  certificate,  and  the  clerk 
shall  pay  out  such  money  monthly  to  the  persons  entitled  to  the  same. 

Sec.  9.  Persoris  entitled  to  pensions.  There  shall  be  paid  out  of  the  Treas¬ 
ury  of  the  State,  on  the  warrant  of  the  Auditor,  to  every  person  who  has 
been  for  twelve  months  immediately  preceding  his  application  for  pension  a 
bona  fide  resident  of  the  State,  and  who  is  incapacitated  for  manual  labor. 


State  Laws  on  Public  Welfare 


101 


and  was  a  soldier  or  a  sailor  in  the  service  of  the  Confederate  States  of 
America,  ^ring  the  War  between  the  States,  and  to  the  widow  of  any 
deceased  officer,  soldier,  or  sailor  who  was  in  the  service  of  the  Confederate 
States  of  America  during  the  War  between  the  States,  if  such  widow  was 
married  to  such  soldier  or  sailor  before  the  first  day  of  January,  one  thou¬ 
sand  eight  hundred  and  seventy-five,  and  if  she  has  married  again,  is  a 
widow  at  the  date  of  her  application,  the  following  sums  annually,  according 
to  the  degree  of  disability  ascertained  by  the  following  grades’ 


1.  To  such  as  have  received  a  wound  which  renders  them  totally  incom¬ 
petent  to  perform  manual  labor  in  the  ordinary  vocations  of  life,  and  to  all 
blind  Confederate  widows  who  are  on  the  pension  roil,  one  hundred  dol¬ 
lars  ($100). 


2.  To  such  as  have  lost  a  leg  above  the  knee  or  an  arm  above  the  elbow 
ninety  dollars  ($90). 


3.  To  such  as  have  lost  a  foot  or  a  leg  below  the  knee,  or  a  hand  or  an 
arm  below  the  elbow,  or  have  a  leg  or  an  arm  utterly  useless  by  reason  of  a 
wound  or  permanent  injury,  seventy  dollars  ($70). 

4.  To  such  as  have  lost  an  eye,  and  to  the  widows  and  all  other  soldiers 
who  are  now  disabled  from  any  cause  to  perform  manual  labor,  sixty  dol¬ 
lars  ($60). 

Sec.  10.  Persons  excluded.  No  person  shall  be  entitled  to  receive  the  ben¬ 
efits  of  this  article — 


1.  Who  is  an  inmate  of  the  Soldiers’  Home  at  Raleigh. 

2.  Who  is  confined  in  an  asylum  or  county  home. 

3.  Who  receives  a  pension  from  any  other  State  or  from  the  United  States. 

4.  Who  holds  a  National,  State,  or  county  office,  which  pays  annually  in 
salary  or  fees  the  sum  of  three  hundred  dollars  ($300). 

5.  Who  was  a  deserter,  or  the  widow  of  such  deserter;  but  no  soldier  who 
has  been  honorably  discharged,  or  who  was  in  service  at  the  surrender  shall 
be  considered  a  deserter  in  the  meaning  of  this  section. 

6.  Who  is  receiving  aid  from  the  State  under  any  act  providing  for  the 
relief  of  soldiers  who  are  blind  or  maimed. 

7.  Who  owns  in  his  own  right,  or  in  the  right  of  his  wife,  property  whose 
tax  valuation  exceeds  two  thousand  dollars,  or  who,  having  owned  property 
in  excess  of  two  thousand  dollars  ($2,000),  has  disposed  of  the  same  by  gift 
or  voluntary  conveyance  to  his  wife,  child,  next  of  kin,  or  to  any  other  per¬ 
son  since  the  eleventh  day  of  March,  one  thousand  eight  hundred  and  eighty- 
five:  Provided,  that  the  county  board  of  pensions  may  place  upon  the  pen¬ 
sion  roll,  in  the  classes  to  which  they  would  otherwise  belong,  any  Confeder¬ 
ate  soldier,  sailor,  or  widow  disqualified  by  the  provisions  of  this  section, 
who  may  appear  to  be  unable  to  earn  a  living  from  property  valued  as 
much  as  two  thousand  dollars  ($2,000)  or  more  for  taxation,  and  who  may 
appear  to  the  board  from  special  circumstances  worthy  to  be  placed  upon  the 
pension  roll. 

Sec.  11.  Form  of  api)licati07i.  The  Auditor  of  the  State  shall  provide  a 
form  of  application  (according  to  the  terms  of  this  article),  and  have  the 
same  printed  and  sent  to  the  clerk  of  the  Superior  Court  of  the  several  coun¬ 
ties  of  the  State  for  use  of  applicants. 

Sec.  12.  Applications  made  in  person.  No  soldier,  officer,  sailor,  or  widow 
shall  be  entitled  to  the  benefits  of  this  chapter  except  upon  his  or  her  own 
application,  or,  in  case  he  or  she  is  insane,  upon  the  application  of  his  or 

her  guardian  or  receiver. 

Sec.  13.  Applications  from  jmrsons  not  noic  on  rolls.  Before  any  officer, 
soldier,  or  sailor,  not  now  receiving  a  pension,  shall  receive  any  part  of  t  e 


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State  Laws  on  Public  Welfare 


annual  appropriation  made  for  pensions  he  shall,  on  or  before  the  first 
Monday  in  July  of  every  year,  file  with  the  Superior  Court  clerk  of  the 
county  wherein  he  resides  an  application  for  relief,  setting  forth  in  detail 
the  company  and  regiment  or  battalion,  in  which  he  served  at  the  time  of 
receiving  the  wound;  the  time  and  place  of  receiving  the  wound;  whether 
he  is  holding  an  office  in  the  State,  United  States,  or  county,  from  which  he 
is  receiving  the  sum  of  three  hundred  dollars  ($300)  in  fees  or  salary; 
whether  he  is  worth  in  his  own  right  or  in  the  right  of  his  wife,  property  at 
its  assessed  value  for  taxation  to  the  amount  of  two  thousand  dollars 
($2,000);  whether  he  is  receiving  any  aid  from  the  State  of  North  Carolina 
under  any  other  statute  providing  for  the  relief  of  the  maimed  and  blind 
soldiers  of  the  State;  and  whether  he  is  a  citizen  of  the  State  of  North  Caro¬ 
lina.  Such  application  shall  be  verified  by  the  oath  of  the  applicant  made 
before  any  one  empowered  to  administer  oaths,  and  shall  be  accompanied  by 
the  affidavit  of  one  or  more  creditable  witnesses,  stating  that  he  or  they 
verily  believe  the  applicant  to  be  the  identical  person  named  in  the  applica¬ 
tion,  and  that  the  facts  stated  in  the  application  are  true;  and  when  the 
county  board  of  pensions  is  satisfied  with  the  justice  of  the  claim  made  by 
the  applicant  they  shall  so  certify  the  same  to  the  Auditor  of  the  State  under 
their  hands  and  the  seal  of  the  Superior  Court  of  their  county,  which  shall 
be  impressed  by  the  clerk  of  the  Superior  Court  of  the  county;  and  there 
shall  accompany  the  certificate  so  sent  to  the  Auditor  the  application, 
affidavit,  and  proofs  taken  by  them,  which  papers  shall  be  kept  on  file  in  the 
Auditor’s  office.  Clerks  of  the  Superior  Court  shall  receive  no  fees  whatso¬ 
ever  for  services  herein  required  of  them. 

Sec.  14.  Time  fo?'  forwarding  certificate.  It  shall  be  the  duty  of  the  clerk 
of  the  Superior  Court  of  the  county  where  the  application  is  filed  to  forward 
to  the  Auditor  of  the  State,  immediately  after  the  certificate  required  by  the 
next  preceding  section  is  made  and  before  the  first  Monday  in  August  in 
each  year,  the  application  and  proofs  and  certificates,  and  upon  the  State 
Board  of  Pensions  being  satisfied  of  the  truth  and  genuineness  of  the  appli¬ 
cation,  the  Auditor  shall  issue  his  warrant  on  the  State  Treasurer  for  the 
same. 

Sec.  15.  Suhsequent  ce7’tificates.  After  an  application  has  once  been 
passed  upon  and  allowed  by  the  county  and  State  boards,  it  shall  be  neces¬ 
sary  only  for  the  applicant  to  file  with  the  Auditor  of  State  a  certificate  from 
the  clerk  of  the  Superior  Court  of  the  county  in  which  the  application  was 
originally  filed,  setting  forth  that  the  applicant  is  the  identical  person  named 
in  the  original  application  which  is  on  file  in  the  Auditor’s  office,  and  that 
the  applicant  is  alive,  but  still  disabled,  and  a  citizen  of  this  State,  and  still 
entitled  to  the  benefits  of  this  article,  which  certificate  may  be  passed  upon 
by  the  State  board,  upon  suggestions  of  fraud,  before  the  Auditor  draws  his 
warrant  upon  such  certificate. 

Sec.  16.  Pensioyis  in  advance.  Dates  of  imyment.  Pensions'  are 

payable  in  advance,  and  the  State  Auditor  shall  transmit  to  the  clerks  of  the 
Superior  Courts  of  the  various  counties  warrants  for  pensioners  for  one-half 
of  the  yearly  pensions  between  the  first  and  fifteenth  of  December,  and  for 
one-half  of  the  yearly  pensions  between  the  first  and  fifteenth  of  June  of  each 
year.  It  shall  be  the  duty  of  the  clerk  of  the  Superior  Court  to  acknowledge 
to  the  Auditor  the  receipt  of  such  warrants  by  the  next  mail  after  their 
receipt,  to  deliver  or  mail  forthwith  to  each  pensioner  in  his  county  his 
warrant,  and  to  post  in  the  courthouse  a  list  of  the  pensioners  to  whom  he 
has  mailed  or  delivered  warrants. 

Sec.  17.  Wai'rants  payable  to  pe^isioner  or  order.  Indorsement.  The  Aud¬ 
itor  shall  issue  his  warrant  payable  to  the  pensioner,  or  order,  and  such 
warrant  shall  not  be  paid  by  the  Treasurer  without  the  indorsement  of  the 


SiAiE  Laws  ox  Lfblic  AVelfare 


103 


payee  or  his  duly  appointed  attorney  in  fact,  especially  authorized  to  make 
such  indoi  seinent,  and  if  such  indorsement  is  made  by  the  payee,  it  shall  be 
attested  by  the  official  signature  of  the  clerk  of  the  Superior  Court  or  some 
justice  of  the  peace  or  notary  public  of  the  county  in  which  such  payee 
resides,  and  if  such  indorsement  is  made  by  the  attorney  in  fact  of  the  payee 
a  copy  of  the  power  of  attorney,  duly  attested  by  the  clerk  of  the  Superior 
Court  or  a  justice  of  the  peace  or  notary  public  of  the  county  in  which  the 
payee  resides,  shall  be  attached  to  the  warrant. 


Sec.  18.  Payment  to  widow.  Whenever  a  Confederate  pensioner  who  is 
now  on  the  pension  list  shall  die  after  the  fifteenth  of  September,  or  after 
the  fifteenth  of  April,  and  before  the  December  or  June  pension  check  is 
delivered  to  him  or  her,  it  shall  be  lawful  for  the  clerk  of  the  Superior  Court 
of  the  county  in  which  such  pensioner  lived  to  deliver  and  pay  the  next  pen¬ 
sion  check  due  in  December  or  June,  as  the  case  may  be,  to  the  widow  or 
next  of  kin  of  such  pensioner,  and  the  indorsement  of  the  widow  or  next  of 
kin  shall  be  a  valid  indorsement  on  such  pension  clerk. 


Sec.  19.  Pensions  continued  to  loidows.  All  pensions  due  to  Confederate 
soldiers  shall  be  paid  to  their  widows  for  a  period  of  one  year  after  the  death 
of  any  such  pensioner:  Provided,  that  the  amount  paid  shall  not  exceed  a 
widow’s  pension  as  prescribed  by  law. 


Sec.  20.  State  Auditor  to  apioortion  appropriations.  The  State  Auditor  is 
authorized,  empowered,  and  directed  to  apportion,  distribute,  and  divide  the 
money  appropriated  by  the  State  for  pensions,  and  to  issue  warrants  to  the 
several  pensioners  pro  rata  in  their  respective  grades,  so  that  the  entire 
annual  appropriation  shall  be  paid  each  year  to  the  pensioners,  notwithstand¬ 
ing  the  amounts  so  paid  may  be  in  excess  of  the  amounts  fixed  by  this  article 
for  the  several  grades:  Provided,  that  the  total  appropriation  for  this  pur¬ 
pose  shall  not  exceed  the  amount  appropriated  by  law:  Provided  further. 
that  hereafter  all  moneys  provided  or  appropriated  in  any  one  year  for  the 
ex-Confederate  soldiers,  sailors,  or  widows,  not  paid  out  to  them  in  any  one 
year,  shall  revert  to  the  pension  fund  of  the  State,  and  shall  be  paid  out  to 
them  in  the  next  year  in  the  class  to  which  they  belong. 


Sec.  21.  Bicrease  hy  counties  authorized.  The  county  commissioners  of 
each  county  in  the  State  are  authorized  and  empowered,  if  in  their  discretion 
such  levy  is  deemed  advisable,  to  levy  for  each  year,  at  the  same  time  and  in 
the  same  manner  as  the  levy  of  other  county  taxes,  a  special  tax  not  exceed¬ 
ing  two  cents  on  the  hundred  dollars  valuation  of  property  and  six  cents  on 
each  taxable  pool,  the  constitutional  equation  between  the  property  and  poll 
being  observed  each  year,  for  the  purpose  of  increasing  the  pensions  of  Con¬ 
federate  soldiers  and  widows. 

Such  taxes  shall  be  collected  and  accounted  for  by  the  sheriff  or  other  tax 
collector  in  the  same  manner  and  under  the  same  penalties  as  other,  taxes 
levied  for  the  county,  and  the  net  proceeds  thereof  shall  be  applied  each 
year  to  increase  pro  rata  the  pensions  of  such  persons  as  stand  upon  the 
Confederate  pension  roll  of  the  county 'for  the  year  in  which  the  tax  is  levied. 

The  amount  collected  under  this  section  shall  be  disbursed  by  the  county 
commissioners  pro  rata  to  the  various  pensioners  in  such  county  as  show  n 
by  the  State  pension  list  for  that  county. 

Sec.  22.  Failure  to  discharge  duties  misdemeanor.  Any  officer  or  other 
person  who  shall  neglect  or  refuse  to  discharge  the  duties  imposed  upon  him 
by  this  article  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
in  the  Superior  Court  shall  be  fined  or  imprisoned  at  the  discretion  of  the 

court. 

Sec.  23.  Speculation  in  pension  warrants  misdemeanor.  Any  person  who 
shall  speculate  or  purchase  for  a  less  sum  than  that  to  which  each  may  be 


104 


State  Laws  on  Public  Welfake 


entitled  the  claims  of  any  soldier  or  sailor  or  widow  of  a  deceased  soldier  or 
sailor,  allowed  under  the  provisions  of  this  article,  shall  be  guilty  of  a  mis¬ 
demeanor,  and  upon  conviction  shall  be  fined  or  imprisoned,  or  both,  in  the 
discretion  of  the  court. 

Sec.  24.  Payment  of  l)U7'ial  exjyenses.  Whenever  in  any  county  of  this 
State  a  Confederate  pensioner  on  the  pension  roll  of  the  county  or  the  w'idow 
of  a  Confederate  soldier  shall  die,  it  shall  be  the  duty  of  the  board  of  com¬ 
missioners  of  such  county,  upon  the  certificate  of  such  fact  by  the  clerk  of 
the  Superior  Court  and  recommendation  of  the  chairman  of  the  pension  board 
of  the  county,  to  order  the  payment  out  of  the  general  fund  of  the  county  of 
a  sum  not  exceeding  thirty  dollars  ($30),  to  be  applied  toward  defraying  of 
the  burial  expenses  of  such  deceased  pensioner  or  widow. 

Sec.  25.  Peddlers'  licenses.  All  ex-Confederate  soldiers  who  are  without 
means  of  support  other  than  their  manual  labor,  and  who  are  incapacitated 
to  perform  manual  labor  for  any  reason  other  than  by  their  vicious  habits, 
and  now  citizens  of  this  State,  shall  be  allowed  to  peddle  drugs,  goods,  wares, 
and  merchandise  i^i  any  of  the  counties  of  this  State  without  a  license  there¬ 
for.  Before  any  soldier  shall  be  entitled  to  the  benefits  of  this  chapter  he 
shall  make  application  to  the  county  board  of  pensions  of  the  county  of 
which  he  is  a  resident,  and  show  to  the  satisfaction  of  the  county  board  of 
pensions  that  he  is  entitled  to  the  same  by  having  served  in  the  Confederate 
army  or  navy  during  the  War  between  the  States,  and  that  he  is  incapacitated 
to  perform  manual  labor,  and  does  not  own  property  the  tax  valuation  of 
which  exceeds  the  sum  of  two  thousand  dollars  ($2,000)  in  his  own  name  or 
in  the  name  of  his  wife,  deeded  to  her  by  him  since  the  first  day  of  March, 
one  thousand  nine  hundred  and  two. 

Sec.  26.  This  act  shall  be  in  force  from  and  after  its  ratification. 

Ratified  this  the  8th  day  of  March,  A.  D.  1921. 

COXFEDERATE  WOMAX's  HOME 

To  the  Confederate  Woman’s  Home  are  admitted  “deserving  wives  and 
widows  of  North  Carolina  Confederate  soldiers  and  other  worthy  dependent 
women  of  the  Confederacy  who  are  l)ona  fide  residents  of  this  State,”  under 
such  regulations  as  the  board  of  directors  may  adopt.  (See  C.  S.,  5134-5140.) 

Soldiers’  Home 

To  the  Soldiers’  Home  are  admitted  “such  deserving,  needy  Confederate 
soldiers  as  shall  have  served  in  any  North  Carolina  command  in  the  late 
war,  or  who  shall  have  served  in  the  Confederate  army  and  shall  be  a  lyona 
fide  citizen  of  the  State,”  under  regulations  adopted  by  the  board  of  directors. 
(See  C.  S.,  5127-5133.) 

LAAVS  RELATING  TO  MORALS  AND  VENEREAL  DISEASE 

Sex  Offenses 

C.  S.  4337.  Incest  between  certain  near  relatives.  In  all  cases  of  car¬ 
nal  intercourse  between  grandparent  and  grandchild,  parent  and  child,  and 
brother  and  sister  of  the  half  or  whole  blood,  the  parties  shall  be  guilty  of  a 
felony,  and  shall  be  punished  for  every  such  offense  by  imprisonment  in  the 
State’s  Prison  for  a  term  not  exceeding  fifteen  years,  in  the  discretion  of  the 
court. 

C.  S.  4339.  Seduction.  If  any  man  shall  seduce  an  innocent  and  virtu¬ 
ous  woman  under  promise  of  marriage,  he  shall  be  guilty  of  a  felony,  and 
upon  conviction  shall  be  fined  or  imprisoned  at  the  discretion  of  the  court. 


105 


State  Laws  ok  Public  Welfare 

and  may  be  imprisoned  in  the  State’s  Prison  not  exceeding  the  term  of  five 
years.  Provided,  the  unsupported  testimony  of  the  woman  shall  not  be  suffi¬ 
cient  to  convict:  Provided  further,  that  marriage  between  the  parties  shall 
be  a  bar  to  further  prosecution  hereunder.  But  when  such  marriage  is  relied 
upon  by  the  defendant,  it  shall  operate  as  to  the  costs  of  the  case  as  a  plea 
of  nolo  eontendere,  and  the  defendant  shall  be  required  to  pay  all  the  costs 
of  the  action  or  be  liable  to  imprisonment  for  nonpayment  of  the  same. 

C.  S.  43  40.  Miscegenation.  All  marriages  between  a  white  person  and 
a  negro,  or  between  a  white  person  and  a  person  of  negro  descent  to  the 
third  generation  inclusive,  are  forever  prohibited,  and  shall  be  void  Any 
person  violating  this  section  shall  be  guilty  of  an  infamous  crime,  and  shall 
be  punished  by  imprisonment  in  the  county  jail  or  State’s  Prison  for  not  less 
than  four  months  nor  more  than  ten  years,  and  may  also  be  fined,  in  the 
discretion  of  the  court. 

C.  S.  4341.  Issuing  license  for  marriage  between  white  person  and 
negro;  performing  marriage  ceremony.  If  any  register  of  deeds  shall 
knowingly  issue  any  license  for  marriage  between  any  person  of  color  and  a 
white  person;  or  if  any  clergyman,  minister  of  the  gospel  or  justice  of  the 
peace  shall  knowingly  marry  any  such  person  of  color  to  a  white  person,  the 
person  so  offending  shall  be  guilty  of  a  misdemeanor. 

C.  S.  43  42.  Bigamy.  If  any  person,  being  married,  shall  marry  any 
other  person  during  the  life  of  the  former  husband  or  wife,  every  such 
offender,  and  every  person  counseling,  aiding  or  abetting  such  offender,  shall 
be  guilty  of  a  felony,  and  shall  be  imprisoned  in  the  State’s  Prison  or 
county  jail  for  any  term  not  less  than  four  months  nor  more  than  ten  years. 
Any  such  offense  may  be  dealt  with,  tried,  determined  and  punished  in  the 
county  where  the  offender  shall  be  apprehended,  or  be  in  custody,  as  if  the 
offense  had  been  actually  committed  in  that  county.  If  any  person,  being 
married,  shall  contract  a  marriage  with  any  other  person  outside  of  this 
State,  which  marriage  would  be  punishable  as  bigamous  if  contracted  within 
this  State,  and  shall  thereafter  cohabit  with  such  person  in  this  State,  he 
shall  be  guilty  of  a  felony  and  shall  be  punished  as  in  cases  of  bigamy. 
Nothing  contained  in  this  section  shall  extend  to  any  person  marrying  a 
second  time,  whose  husband  or  wife  shall  have  been  continually  absent  from 
such  person  for  the  space  of  seven  years  then  last  past,  and  shall  not  have 
been  known  by  such  person  to  have  been  living  within  that  time;  nor  to 
any  person  who  at  the  time  of  such  second  marriage  shall  have  been  lawfully 
divorced  from  the  bond  of  the  first  marriage;  nor  to  any  person  whose  former 
marriage  shall  have  been  declared  void  by  the  sentence  of  any  court  of 
competent  jurisdiction. 

C.  S.  4343..  Foniicatioii  and  adultery.  If  any  man  and  woman,  not 
being  married  to  each  other,  shall  lewdly  and  lasciviously  associate,  bed 
and  cohabit  together,  they  shall  be  guilty  of  a  misdemeanor:  Provided,  that 
the  admissions  or  confessions  of  one  shall  not  be  received  in  evidence  against 
the  other, 

C.  S.  4344.  Inducing  female  persons  to  enter  hotels  or  boarding-houses 
for  immoral  purposes.  Any  person  who  shall  knowingly  peisuade,  induce 
or  entice,  or  cause  to  be  persuaded,  induced  or  enticed,  any  woman  oi  giil 
to  enter  a  hotel,  public  inn  or  boarding-house  for  the  purpose  of  prostitution 
or  debauchery  or  for  any  other  immoral  purpose,  shall  be  deemed  guilt>  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  punished  in  the  discretion  of 

the  court. 


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State  Laws  on  Public  Welfare 


C.  S.  43  45.  Opposite  sexes  occupying^  same  bedroom  at  hotel  for  im¬ 
moral  purposes;  falsely  registering  as  husband  and  wife.  Any  man  and 
woman  found  occupying  the  same  bedroom  in  any  hotel,  public  inn  or 
])oarding-house  for  any  immoral  purpose,  or  any  man  and  woman  falsely 
registering  as,  or  otherwise  representing  themselves  to  be,  husband  and 
wife  in  any  hotel,  public  inn  or  boarding-house,  shall  be  deemed  guilty  of 
a  misdemeanor,  and,  upon  conviction,  shall  be  punished  in  the  discretion  of 
the  court. 

C.  S.  4348.  Obscene  literature,  indecent  exposure,  and  lewd  dances.  If 
any  person  shall  exhibit  for  the  purpose  of  gain,  lend  for  hire  or  otherwise 
publish  or  sell  for  the  purpose  of  gain,  or  exhibit  in  any  school,  college  or 
other  institution  of  learning,  or  have  in  his  possession  for  the  purpose  of 
sale  or  distribution,  any  obscene  book,  paper,  writing,  print,  drawing  or 
other  representation;  or  if  any  person  shall  post  any  indecent  placards,  writ¬ 
ings,  pictures  or  drawings  on  walls,  fences,  billboards  or  other  places;  or  if 
any  person  shall  make  any  public  exposure  of  the  person  or  other  indecent 
exhibition,  or  take  part  in  any  immoral  show,  exhibit  or  performance,  where 
indecent,  immoral  or  lewd  dances  or  plays  are  conducted,  in  any  booth,  tent, 
room  or  other  place  to  which  the  public  is  invited;  or  if  any  one  shall  permit 
such  exhibitions  or  immoral  performances  to  be  conducted  in  any  tent,  booth, 
or  other  place  owned  or  controlled  by  him,  he  shall  be  guilty  of  a  misde¬ 
meanor. 

C.  S.  43  53.  Lewd  women  within  three  miles  of  colleges  and  boarding- 
schools.  If  any  loose  woman  or  woman  of  ill-fame  shall  commit  any  act 
of  lewdness  with  or  in  the  presence  of  any  student,  who  is  under  twenty-one 
years  old,  of  any  boarding-school  or  college,  within  three  miles  of  such  school 
or  college,  she  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  exceeding  fifty  dollars  or  imprisoned  not  exceeding  thirty  days. 
Upon  the  trial  of  any  such  case  students  may  be  competent  but  not  com¬ 
pellable  to  give  evidence.  No  prosecution  shall  be  had  under  this  section 
after  the  lapse  of  six  months. 


Prostitution 

C.  S.  4357.  Defliiitioii  of  teniis.  The  term  “prostitution”  shall  be  con¬ 
strued  to  include  the  offering  or  receiving  of  the  body  for  sexual  intercourse 
for  hire,  and  shall  also  be  construed  to  include  the  offering  or  receiving  of 
the  body  for  indiscriminate  sexual  intercourse  without  hire.  The  term 
“assignation”  shall  be  construed  to  include  the  making  of  any  appointment  or 
engagement  for  prostitution  or  any  act  in  furtherance  of  such  appointment 
or  engagement. 

C.  S.  43  58.  Prostitution  and  various  acts  abetting  prostitution  unla^v- 
ful.  It  shall  be  unlawful: 

1.  To  keep,  set  up,  maintain,  or  operate  any  place,  structure,  building  or 
conveyance  for  the  purpose  of  prostitution  or  assignation. 

2.  To  occupy  any  place,  structure,  building,  or  conveyance  for  the  purpose 
of  prostitution  or  assignation;  or  for  any  person  to  permit  any  place,  struc¬ 
ture,  building  or  conveyance  owned  by  him  or  under  his  control  to  be  used 
for  the  purpose  of  prostitution  or  assignation,  with  knowledge  or  reasonable 
cause  to  know  that  the  same  is,  or  is  to  be,  used  for  such  purpose. 

3.  To  receive,  or  to  offer  or  agree  to  receive  any  person  into  any  place, 
structure,  building,  or  conveyance  for  the  purpose  of  prostitution  or  assigna¬ 
tion,  or  to  permit  any  person  to  remain  there  for  such  purpose. 


Statp:  Laws  on  Public  Wpilfabe 


107 


4.  To  direct,  take,  or  transport,  or  to  offer  or  agree  to  take  or  transport 
any  person  to  any  place,  structure,  or  building  or  to  any  other  person,  with 
knowledge  or  reasonable  cause  to  know  that  the  purpose  of  such  directing 
taking,  or  transporting  is  prostitution  or  assignation. 

5.  To  procure,  or  to  solicit,  or  to  offer  to  procure  or  solicit  for  the  purpose 
of  prostitution  or  assignation. 

6.  To  1  eside  in,  enter,  oi  leinain  in  any  place,  structure,  or  building,  or  to 
enter  or  remain  in  any  conveyance,  for  the  purpose  of  prostitution  or 
assignation. 

7.  To  engage  in  piostitution  or  assignation,  or  to  aid  or  abet  prostitution 
or  assignation  by  any  means  whatsoever. 

C.  S.  43  59.  Prosecution;  in  what  courts.  Prosecutions  for  the  viola¬ 
tion  of  any  of  the  provisions  of  this  article  shall  be  tried  in  the  courts  of  this 
State  wherein  misdemeanors  are  triable  except  those  courts  the  jurisdiction 
of  which  is  so  limited  by  the  Constitution  of  this  State  that  such  jurisdic¬ 
tion  cannot  by  statute  be  extended  to  include  criminal  actions  of  the  charac¬ 
ter  herein  described. 


C.  S.  43  60.  Kcsputation  and  prior  conviction  admissible  as  evidence.  In 
the  trial  of  any  person  charged  with  a  violation  of  any  of  the  provisions  of 
this  article,  testimony  of  a  prior  conviction,  or  testimony  concerning  the 
reputation  of  any  place,  structure,  or  building,  and  of  the  person  or  persons 
who  reside  in  or  frequent  the  same,  and  of  the  defendant,  shall  be  admissible 
in  evidence  in  support  of  the  charge. 


C.  S.  4361.  Degrees  of  guilt.  Any  person  who  shall  be  found  to  have 
committed  two  or  more  violations  of  any  of  the  provisions  of  section  4358  of 
this  article  within  a  period  of  one  year  next  preceding  the  date  named  in  an 
indictment,  information,  or  charge  of  violating  any  of  the  provisions  of  such 
section,  shall  be  deemed  guilty  in  the  first  degree.  Any  person  who  shall  be 
found  to  have  committed  a  single  violation  of  any  of  the  provisions  of  such 
section  shall  be  deemed  guilty  in  the  second  degree. 


C.  S.  4362.  Punishment;  probation;  parole.  Any  person  who  shall  be 
deemed  guilty  in  the  first  degree,  as  set  forth  in  the  preceding  section,  shall 
be  subject  to  imprisonment  in,  or  commitment  to,  any  penal  or  reformatory 
institution  in  this  State  for  not  less  than  one  nor  more  than  three  years.  In 
case  of  a  commitment  to  a  reformatory  institution  the  commitment  shall  be 
made  for  an  indeterminate  period  of  time  of  not  less  than  one  nor  more  than 
three  years  in  duration,  and  the  board  of  managers  or  directors  of  the 
reformatory  institution  shall  have  authority  to  discharge  or  to  place  on 
parole  any  person  so  committed  after  the  service  of  the  minimum  teim,  oi 
any  part  thereof,  and  to  require  the  return  to  the  said  institution  for  the 
balance  of  the  maximum  term  of  any  person  who  shall  violate  the  terms  oi 

conditions  of  the  parole. 

Any  person  who  shall  be  deemed  guilty  in  the  second  degree,  as  set  forth 
in  the  preceding  section,  shall  be  subject  to  imprisonment  for  not  more  than 
one  year.  The  sentence  imposed,  or  any  part  thereof,  may  be  suspended,  oi 
the  defendant  may  be  placed  on  probation  in  the  care  of  a  probation  officer 
designated  by  law  or  theretofore  appointed  by  the  court,  upon  the  lecom- 
mendation  of  five  responsible  citizens. 


Probation  or  parole  shall  be  granted  or  ordered  in  the 
Infected  with  venereal  disease  only  on  such  terms  and  conditions 


108 


State  Laws  on  Public  Welfake 


insure  medical  treatment  therefor  and  prevent  the  spread  thereof,  and  the 
court  may  order  any  convicted  defendant  to  be  examined  for  venereal 
disease. 

No  girl  or  woman  who  shall  be  convicted  under  this  article  shall  be  placed 
on  probation  or  on  parole  in  the  care  or  charge  of  any  person  except  a  woman 
probation  officer, 

[Chapter  129,  Laws  1921.] 

AN  ACT  REGULATING  ISSUANCES  OF  LICENSES  TO  MARRY  AND  PRO¬ 
VIDING  FOR  THE  PHYSICAL  EXAMINATION  OF  APPLICANTS. 

Section  1.  No  license  to  marry  shall  be  issued  by  the  register  of  deeds  of 
any  county  to  a  male  applicant  therefor  except  upon  the  presentation  by  the 
said  male  applicant  of  a  certificate  executed  within  seven  days  from  the  time 
of  the  presentation  of  said  certificate  to  the  register  of  deeds  as  hereinafter 
provided,  showing  the  nonexistence  of  any  venereal  disease,  the  nonexistence 
of  tuberculosis  in  the  infectious  stages,  and  that  the  applicant  has  not  been 
adjudged  by  a  court  of  competent  jurisdiction  an  idiot,  imbecile,  or  of  unsound 
mind.  No  license  shall  be  issued  to  any  female  applicant  who  shall  not  pre¬ 
sent  a  certificate  showing  the  nonexistence  of  tuberculosis  in  the  infectious 
stages,  and  that  she  has  not  been  adjudged  by  a  court  of  competent  jurisdic¬ 
tion  to  be  of  unsound  mind. 

Sec.  2,  Such  certificate  to  be  executed  by  any  reputable  physician  licensed 
to  practice  medicine  and  surgery  in  the  State,  and  who  shall  reside  within 
the  county  in  which  said  license  to  marry  shall  be  applied  for  by  certificate 
of  the  county  health  officer  of  such  county,  whose  duty  it  shall  be  to  examine 
such  applicants  and  issue  such  certificates  without  charge. 

Sec.  3.  Any  register  of  deeds  who  issues  a  license  to  marry  without  the 
presentation  of  the  certificate  hereinabove  provided  for,  or  contrary  to  the 
provisions  of  this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  less  than  two  hundred  dollars,  or  imprisoned  for  thirty  days 
in  the  discretion  of  the  court. 

Sec.  4,  Provided  further,  that  any  physician  who  shall  knowingly  and 
willfully  make  any  false  statement  in  the  certificate  hereinabove  provided  for 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  less 
than  two  hundred  dollars,  or  imprisoned  for  not  more  than  six  months. 


[Chapter  212,  Laws  1921.] 

AN  ACT  MAKING  THE  EXHIBITION  OF  SACRILEGIOUS,  OBSCENE,  OR 
IMMORAL  PICTURES,  OR  THE  POSTING  OP  ADVERTISEMENTS 
FOR  THE  SAME,  AND  THEATRICAL  EXHIBITIONS  A  CRIME. 

That  if  any  person,  firm  or  corporation  shall,  for  the  purpose  of  gain  or 
otherwise,  exhibit  any  obscene  or  immoral  motion  pictures;  or  if  any  person, 
firm,  or  corporation  shall  post  any  obscene  or  immoral  placard,  writings, 
pictures,  or  drawings  on  walls,  fences,  billboards,  or  other  places  advertising 
theatrical  exhibitions  or  moving-picture  exhibitions  or  shows;  or  if  any  per¬ 
son,  firm,  or  corporation  shall  permit  such  obscene  or  immoral  exhibitions  to 
be  conducted  in  any  tent,  booth,  or  other  place  or  building  owned  or  controlled 
by  said  person,  firm,  or  corporation,  the  person,  firm,  or  corporation  perform¬ 
ing  either  one  or  all  of  the  said  acts  shall  be  guilty  of  a  misdemeanor,  and 
punishable  in  the  discretion  of  the  court.  That  for  the  purpose  of  enforcing 
this  statute  any  spectator  at  the  exhibition  of  an  obscene  or  immoral  moving 
picture  may  make  the  necessary  affidavit  upon  which  the  warrant  for  said 
offense  is  issued. 


State  Laws  ox  Public  ^^elfare 


109 


[Chapter  21d,  Laws  of  1919,  as  Amended  by  Chapter  101,  Laws  1921.] 

AX  ACT  FOR  THE  REPRESSIOX"  OF  PROSTITUTIOX' 

^  passage  of  this  act  it  shall  be  imlaw- 

(a)  To  keep,  set  up,  maintain,  or  operate  any  place,  structure,  building  or 
convej'Unce  for  the  purpose  of  prostitution  or  assignation  j 

(&)  To  recei\e  or  to  offer  to  agree  to  receive  any  person  into  any  place 

of  prostitution  or  assignation  or  for  any  person  to  permit  any  place  structure 

building,  or  conveyance  owned  by  him  or  under  his  control  to  be  used  for  the 
purpose  of  prostitution  or  assignation,  with  knowledge  or  reasonable  cause  to 
know  that  the  same  is,  or  is  to  be,  used  for  such  purpose; 

(c)  To  receive  or  to  offer  to  agree  to  receive  any  person  into  any  place, 

structure,  building  or  conveyance  for  the  purpose  of  prostitution  or  assigna¬ 
tion  or  to  permit  any  person  to  remain  there  for  such  purpose; 

(d)  To  direct,  take  or  transport,  or  to  offer  or  agree  to  take  or  transport 
any  person  to  any  place,  structure,  or  building  or  to  any  other  person  with 
knowledge  or  reasonable  cause  to  know  that  the  purpose  of  such  directing, 
taking  or  transporting  is  prostitution  or  assignation; 

(e)  To  procure  or  to  solicit  or  to  offer  to  procure  or  solicit  for  the  purpose 
of  prostitution  or  assignation; 

if  )  To  reside  in,  enter  or  remain  in  any  place,  structure,  or  building,  or  to 
enter  or  remain  in  any  conveyance,  for  the  purpose  of  prostitution  or  assigna¬ 
tion; 

(g)  To  engage  in  prostitution  or  assignation,  or  to  aid  or  abet  prostitution 
or  assignation  by  any  means  whatsoever. 

Sec.  2.  That  the  term  “prostitution”  shall  be  construed  to  include  the 
offering  or  receiving  of  the  body  for  sexual  intercourse  for  hire,  and  shall 
also  be  construed  to  include  the  offering  or  receiving  of  the  body  for  indis¬ 
criminate  sexual  intercourse  without  hire.  That  the  term  “assignation”  shall 
be  construed  to  include  the  making  of  any  appointment  or  engagement  for 
prostitution  or  any  act  in  furtherance  of  such  appointment  or  engagement. 

Sec.  3.  That  in  the  trial  of  any  person  charged  with  a  violation  of  any 
of  the  provisions  of  section  one  of  this  act,  testimony  of  a  prior  conviction, 
or  testimony  concerning  the  reputation  of  any  place,  structure  or  building,  and 
of  the  person  or  persons  who  reside  in  or  frequent  the  same  and  of  the  defend¬ 
ant  shall  be  admissible  in  evidence  in  support  of  the  charge. 

Sec.  4.  That  any  person  who  shall  be  found  to  have  committed  two  or 
more  violations  of  any  of  the  provisions  of  section  one  of  this  act  within  a 
period  of  one  year  next  preceding  the  date  named  in  an  indictment,  informa¬ 
tion  or  charge  of  violating  any  of  the  provisions  of  section  one  of  this  act 
shall  be  deemed  guilty  in  the  first  degree.  That  any  person  who  shall  be 
found  to  have  committed  a  single  violation  of  any  of  the  provisions  of  this 
act  shall  be  deemed  guilty  in  the  second  degree. 

Sec.  5.  “(a)  That  any  person  who  shall  be  deemed  guilty  in  the  first 
degree,  as  set  forth  in  section  four,  shall  be  guilty  of  a  misdemeanor,  and  may 
be  fined  or  imprisoned  in  the  discretion  of  the  court,  or  may  be  committed  to 
any  penal  or  reformatory  institution  in  this  State;  Provided,  that  in  case  of 
a  commitment  to  a  reformatory  institution,  the  commitment  shall  be  made 
for  an  indeterminate  period  of  time  of  not  less  than  one  nor  more  than  three 
years  in  duration,  and  the  board  of  managers  or  directors  of  the  reformatory 
institution  shall  have  authority  to  discharge  or  place  on  parole  any  person  so 
committed  after  the  service  of  the  minimum  term  or  any  part  thereof,  and 
to  require  the  return  to  the  said  institution  for  the  balance  of  the  maximum 
term  of  any  person  who  violates  the  terms  or  conditions  of  the  parole. 


110 


State  Laavs  on  Public  Welfake 


(&)  That  any  person  who  shall  be  deemed  guilty  in  the  second  degree,  as 
set  forth  in  section  four,  shall  be  guilty  of  a  misdemeanor,  and  shall  be  fined 
or  imprisoned  at  the  discretion  of  the  court:  Provided,  that  the  defendant 
may  be  placed  on  probation  in  the  care  of  a  probation  officer  designated  by 
law,  or  theretofore  appointed  by  the  court. 

(c)  That  probation  or  parole  shall  be  granted  or  ordered  in  the  case  of  a 
person  infected  with  venereal  disease  only  on  such  terms  and  conditions  as 
shall  insure  medical  treatment  therefor  and  prevent  the  spread  thereof,  and 
the  court  may  order  any  convicted  defendant  to  be  examined  for  venereal 
disease. 

{d)  That  no  girl  or  woman  who  shall  be  convicted  under  this  act  shall  be 
placed  on  probation  or  on  parole  in  the  care  or  charge  of  any  person  except  a 
woman  probation  officer.” 

Sec.  6.  That  prosecutions  for  the  iTolation  of  any  of  the  provisions  of 
section  one  of  this  act  shall  be  tried  in  the  courts  of  this  State  wherein  mis¬ 
demeanors  (offenses)  are  triable  except  as  to  such  courts  the  jurisdiction  of 
which  is  so  limited  by  the  Constitution  of  this  State  as  that  the  said  jurisdic¬ 
tion  cannot  by  statute  be  extended  to  include  criminal  actions  of  the  character 
herein  described. 

Sec.  7.  That  the  declaration  by  the  courts  of  any  of  the  provisions  of  this 
act  as  being  in  violation  of  the  Constitution  of  this  State  shall  not  invalidate 
the  remaining  provisions. 


[Chapter  111,  Law.s  1921.] 

AN  ACT  TO  PROTECT  HOTELS  AND  LODGING-HOUSE  KEEPERS 
AGAINST  IMMORAL  PRACTICES  OP  GUESTS 

That  no  person  shall  write,  or  cause  to  be  written,  or  if  in  charge  of  a 
register  knowingly  permit  to  be  written,  in  any  register  in  any  lodging-house 
or  hotel  any  other  or  different  name  or  designation  than  the  true  name  or 
names  in  ordinary  use  of  the  person  registering  or  causing  himself  to  be 
registered  therein.  That  any  person  occupying  any  room  or  rooms  in  any 
lodging-house  or  hotel  shall  register  or  cause  himself  to  be  registered  where 
registration  is  required  by  such  lodging-house  or  hotel.  That  any  person 
registering  or  causing  himself  to  be  registered  at  any  lodging-house  or  hotel 
shall  write,  or  cause  to  be  written,  in  the  register  of  such  lodging-house  or 
hotel  the  correct  address  of  the  person  registering,  or  causing  himself  to  be 
registered.  Any  person  violating  any  provision  of  this  act  shall  be  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  punished  by  a  fine  not  exceeding 
two  hundred  dollars  ($200).  That  this  act  shall  not  apply  to  any  peace 
officer  of  this  State  who  shall  privately  give  his  true  name  to  the  clerh  or  pro¬ 
prietor  of  such  hotel  or  lodging-house. 

Venekeal  Disb:ase 

C.  S.  7191.  Venereal  infection.  That  syphilis,  gonorrhea,  and  chan¬ 
croid,  hereinafter  designated  as  venereal  diseases,  are  hereby  declared  to  be 
contagious,  infectious,  communicable,  and  dangerous  to  the  public  health.  It 
shall  be  unlawful  for  any  one  infected  with  these  diseases  or  any  of  them  to 
expose  another  person  to  infection. 

C.  S.  7192.  Reporting  cases.  Any  physician  or  other  person  who  makes 
a  diagnosis  in  or  treats  a  case  of  venereal  disease,  and  any  superintendent  or 
manager  of  a  hospital,  dispensary,  or  charitable  or  penal  institution  in  which 
there  is  a  case  of  venereal  disease,  shall  make  a  report  of  such  case  to  the 
health  authorities  according  to  such  form  and  manner  as  the  North  Carolina 
State  Board  of  Health  shall  direct. 


State  Laws  on  Public  AYelfare 


111 


C.  S.  719  3.  Investigations  and  examinations.  State,  county,  and  mu¬ 
nicipal  health  officers,  or  their  authorized  deputies,  within  their  respective 
jurisdictions,  are  hereby  directed  and  empowered,  when  in  their  judgment 
it  is  necessary  to  protect  the  public  health,  to  make  examinations  of  persons 
reasonably  suspected  of  being  infected  with  venereal  disease,  and  to  detain 
such  persons  until  the  results  of  such  examinations  are  known;  to  require 
persons  infected  with  venereal  disease  to  report  for  treatment  to  a  reputable 
physician  and  continue  treatment  until  cured  or  to  submit  to  treatment  pro¬ 
vided  at  public  expense  until  cured,  and  also,  when  in  their  judgment  it  is 
necessary  to  protect  the  public  health,  to  isolate  or  quarantine  persons 
infected  with  venereal  disease.  It  shall  be  the  duty  of  all  local  and  State 
health  officers  to  investigate  sources  of  infection  of  venereal  disease,  to 
cooperate  with  the  proper  officials  whose  duty  it  is  to  enforce  laws  directed 
against  prostitution,  and  otherwise  to  use  every  proper  means  for  the 
repression  of  prostitution. 


C.  S.  719  4.  Prisoners  treated.  All  persons  who  shall  be  confined  or 
imprisoned  in  any  State,  county,  or  city  prison  in  the  State  shall  be  examined 
for  and,  if  infected,  treated  for  venereal  diseases  by  the  health  authorities  or 
their  deputies.  The  prison  authorities  of  any  State,  county,  or  city  prison 
are  directed  to  make  available  to  the  health  authorities  such  portion  of  any 
State,  county,  or  city  prison  as  may  be  necessary  for  a  clinic  or  hospital 
wherein  all  persons  who  may  be  confined  or  imprisoned  in  any  such  prison 
and  who  are  infected  with  venereal  disease,  and  all  such  persons  who  are 
suffering  with  venereal  disease  at  the  time  of  the  expiration  of  their  terms  of 
imprisonment,  and,  in  case  no  other  suitable  place  for  isolation  or  quarantine 
is  available,  such  other  persons  as  may  be  isolated  or  quarantined  under  the 
provisions  of  section  7193,  shall  be  isolated  and  treated  at  public  expense 
until  cured,  or,  in  lieu  of  such  isolation  any  of  such  persons  may,  in  the 
discretion  of  the  North  Carolina  State  Board  of  Health,  be  required  to  report 
for  treatment  to  a  licensed  physician,  or  submit  to  treatment  provided  at 
public  expense  as  provided  in  section  7193.  Nothing  herein  contained  shall 
be  construed  to  interfere  with  the  service  of  any  sentence  imposed  by  a 
court  as  a  punishment  for  the  commission  of  crime. 


C.  S.  719  5.  Board  of  Health  may  make  rules.  The  North  Carolina 
State  Board  of  Health  is  hereby  empowered  and  directed  to  make  such  rules 
and  regulations  as  shall  in  its  judgment  be  necessary  for  the  carrying  out  of 
the  provisions  of  this  act,  including  rules  and  regulations  providing  for  the 
control  and  treatment  of  persons  isolated  or  quarantined  under  the  pi  oyi- 
sions  of  section  7193,  and  such  other  rules  and  regulations,  not  in  conflict 
with  provisions  of  this  act,  concerning  the  control  of  venereal  diseases,  and 
concerning  the  care,  treatment,  and  quarantine  of  persons  infected  theiewith, 
as  it  may  from  time  to  time  deem  advisable.  All  such  i  ules  and  regulations 
so  made  shall  be  of  force  and  binding  upon  all  county  and  municipal  health 
officers  and  other  persons  affected  by  this  act,  and  shall  have  the  force  and 

effect  of  law. 


C.  S.  719  6.  Expenses  authorized.  The  North  Carolina  State  Boaid  of 
Health,  through  its  officers,  are  hereby  empowered  and 

such  expenses  in  the  examination,  detention,  quarantine  and  tieatment  o 
persons  suspected  of  having,  or  having  had  venereal  disease,  as  in  then 

judgment  is  necessary. 

C  S  719  7  Payment  of  expenses.  The  North  Carolina  State  Board  of 

Health  shall  subm'it  to  the  county  commissioners  suspected 

persons  suspected  of  having,  or  having  had  venereal  diseases,  are  suspet 


112 


State  Laws  on  Public  Welfare 


of  having  spread  the  disease,  an  itemized  statement  of  expenses  incurred  in 
the  examination,  detention,  quarantine,  or  treatment  of  such  persons,  and 
the  county  commissioners  shall,  within  thirt}"  days  after  the  receipt  of  such 
statement  of  expenses,  pay  to  the  treasurer  of  the  North  Carolina  State  Board 
of  Health  a  sum  equal  to  that  expended. 

C.  S.  7198.  Violation  a  misclemeanor.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  act  or  any  lawful  rule  or  regulation  made  by  the 
North  Carolina  State  Board  of  Health  pursuant  to  the  authority  herein 
granted,  or  who  shall  fail  or  refuse  to  obey  any  lawful  order  issued  by  any 
State,  county,  or  municipal  health  officer,  pursuant  to  the  authority  granted 
in  this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by 
a  fine  of  not  less  than  twenty-five  ($25)  dollars,  nor  more  than  fifty  ($50) 
dollars,  or  by  imprisonment  for  not  more  than  thirty  days. 

C.  S.  7199.  Treatment  except  by  physician  unlawful.  That  it  shall  be 
unlawful  for  any  person  except  a  regularly  licensed  physician  to  prescribe 
or  give  away  any  medicine  for  the  treatment  of  any  person  afflicted  with  any 
venereal  disease. 

C.  S.  7200.  Reports  by  clmggists.  That  any  druggist  or  other  person 
who  sells  at  retail  any  patented,  proprietary,  or  trade-mark  remedy  or 
alleged  remedy  advertised  or  recommended  or  sold  for  or  used  in  the  treat¬ 
ment  of  venereal  diseases  (gonorrhea,  syphilis,  or  chancroid)  or  lost  man¬ 
hood,  impotency,  or  sterility,  or  medicinal  preparations  containing  the  oils 
of  cubebs,  copaiba,  sandalwood,  or  the  oils  themselves,  iodides  of  mercury, 
or  preparations  compounded  for  urethral  injections,  shall  report  weekly,  on 
forms  and  in  accordance  with  instructions  supplied  by  the  North  Carolina 
State  Board  of  Health,  the  sale  of  such  remedies,  or  alleged  remedies,  to  the 
Bureau  of  Venereal  Diseases  of  the  North  Carolina  State  Board  of  Health. 

C.  S.  7201.  Obtaining  prescription  under  false  pretenses  a  misde¬ 
meanor.  Any  person  who  in  obtaining  a  prescription  from  a  physician 
under  section  7199  of  this  act,  or  in  obtaining  drugs  or  remedies  mentioned  in 
section  7200  of  this  act,  gives  a  false  or  assumed  name  or  address,  shall  be 
guilty  of  a  misdemeanor  and  subject  to  the  penalties  imposed  in  section  7206 
of  this  act. 

C.  S.  7202.  Quarantine  officers  may  appoint  physicians  as  agents  to 
issue  prescriptions.  For  the  convenience  of  the  public,  a  quarantine  offi¬ 
cer,  either  municipal  or  county,  shall  appoint,  on  the  official  request  of  the 
North  Carolina  State  Board  of  Health,  from  the  regularly  registered  physi¬ 
cians  of  the  county,  one  or  more  agents  to  issue  prescriptions  for  drugs  or 
remedies  necessary  for  treatment  of  such  diseases. 

C.  S.  7203.  Fees  of  quarantine  officer  and  agents.  A  quarantine  oflficer 
or  agent  of  a  quarantine  officer  who  issues  a  prescription  for  any  such  drug, 
remedy,  or  alleged  remedy,  and  who  instructs  a  person  infected  with  venereal 
disease  as  required  by  the  State  laws  and  reports  by  number  but  without 
identification  as  now  prescribed  for  reports  by  physicians  for  such  diseases 
to  the  North  Carolina  State  Board  of  Health  shall  be  entitled  to  a  fee  of 
fifty  cents,  twenty-five  cents  of  which  shall  be  paid  by  the  Bureau  of 
Venereal  Diseases  of  the  North  Carolina  State  Board  of  Health  and  twenty- 
five  cents  of  which  shall  be  paid  by  the  county  commissioners  of  the  county 
in  which  the  quarantine  officer  has  jurisdiction  on  a  certification  of  the 


113 


State  Laws  on  Public  Welfake 


Bureau  of  Venereal  Diseases  of  the  North  Carolina  State  Board  of  Health  of 
the  number  of  prescriptions  issued  by  the  quarantine  officer  or  the  quarantine 
officer’s  agent:  Provided,  hoioever,  that  the  municipal  authorities  shall  pay 
the  above  amount  for  prescriptions  issued  by  a  municipal  quarantine  officer 
or  his  agent,  and  Pi  ovided  fuitJiei,  that  a  quarantine  officer  shall  not  be 
entitled  to  any  pay  from  either  county  or  city  for  issuing  prescriptions  to 
persons  who  pay  the  quarantine  officer  in  part  or  in  full  for  the  issuance  of 
prescriptions;  and  Provided  further,  that  several  prescriptions  issued  on  a 
single  visit  of  the  infected  person  to  the  quarantine  officer  shall  entitle  the 
said  officer  to  not  more  than  the  fee  for  a  single  prescription. 

C.  S.  7204.  Druggists  to  keep  records  of  prescriptions.  Any  and  all 
prescriptions  for  venereal  diseases  (gonorrhea,  syphilis,  or  chancroid)  or 
impotency,  sterility,  or  lost  manhood,  or  prescriptions  containing  the  drugs, 
remedies,  or  alleged  remedies  mentioned  in  section  7200  of  this  act,  shall  be 
kept  by  a  druggist  on  a  separate  file  and  shall  be  subject  at  any  reasonable 
hour  to  inspection  by  an  officer  of  the  North  Carolina  State  Board  of  Health. 

C.  S.  720  5.  Purchaser  of  remedies  may  be  examined.  The  State  health 
officer  or  his  deputy  or  agent  may  require  any  purchaser  of  remedies  or 
alleged  remedies  designated  in  section  7200  of  this  act  and  who  may  be 
reasonably  supposed  to  be  infected  with  a  venereal  disease,  to  appear  before 
a  regularly  licensed  physician,  quarantine  officer  or  agent,  for  examination 
for  the  said  disease. 


C.  S.  720  6.  Violation  a  misdemeanor.  Any  person  violating  any  of  the 
provisions  of  this  act  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined 
not  less  than  ten  dollars  nor  more  than  fifty  dollars,  or  imprisoned  for  not 
exceeding  thirty  days. 


Drugs  and  Narcotics  Regulated 

C.  S.  6  672.  Narcotics  and  other  drugs  regulated.  That  it  shall  be  un¬ 
lawful  for  any  person,  firm,  or  corporation  to  sell,  furnish,  or  give  away  any 
cocaine,  alpha  or  beta  eucaine,  novocaine,  opium,  morphine,  heroin,  codine, 
or  any  salt  or  compound  of  any  of  the  foregoing  substances,  or  any  prepara¬ 
tion  or  compound  containing  any  of  the  foregoing  substances,  or  their  salts 
or  compounds,  in  greater  quantity  than  is  prescribed  in  the  United  States 
Pharmacopoeia,  except  upon  the  original  written  order  or  prescription  of  a 
lawfully  licensed  practitioner  of  medicine,  dentistry,  or  veterinary  medicine, 
which  order  or  prescription  shall  be  dated,  and  shall  contain  the  name  of  the 
person  for  whom  prescribed,  or,  if  ordered  by  a  i)ractitioner  of  vetei  inary 
medicine,  shall  state  the  kind  of  animal  for  which  ordered,  and  shall  be 
signed  by  the  person  giving  the  order  or  prescription;  and  in  no  case  shall 
any  person,  firm,  or  corporation  fill  any  prescription  oi  Older  for  cocaine, 
alpha  or  beta  eucaine,  novocaine,  opium,  morphine,  heroin,  codine,  oi  any 
salt  or  compound  of  any  of  the  foregoing  substances,  oi  any  piepaiation  oi 
compound  containing  any  of  the  foregoing  substances,  or  theii  salts  or 
pounds,  in  flake  or  crystals,  but  only  in  a  solution,  oi  ointment,  w  ic  i  sia 
not  contain  over  four  per  cent  of  the  above  named  substances,  oi*  any  them 
and  no  such  order  or  prescription  shall  be  for  a  greater  quantUy  than  on 
ounce  of  any  such  solution  or  ointment  sold  and 

bottles.  Such  written  order  or  prescription  shall  be  ,, 

file  by  the  person,  firm,  or  corporation  who  shall  j  3. 

article  ordered  or  prescribed,  and  it  shall  not  be  again 

pensed,  except  upon  the  written  order  of  the  original  prestiiber  for  each  an 
8 


114 


State  Laws  on  Public  Welfare 


every  subsequent  compounding  or  dispensing.  No  copy  or  duplicate  of  such 
written  order  or  prescription  shall  be  made  or  delivered  to  any  person,  but 
the  original  shall  at  all  times  be  open  to  inspection  by  the  prescriber,  and 
properly  authorized  officers  of  the  law:  Provided,  hoivever,  that  the  above 
provisions  shall  not  apply  to  prescriptions  containing  opium,  or  its  deriva¬ 
tives,  and  recommended  and  sold  in  good  faith  for  diarrhea,  cholera,  or 
coughs,  each  bottle  or  package  of  which  is  accompanied  by  specific  directions 
for  use,  and  a  caution  against  habitual  use;  nor  to  the  compound  powder  of 
ipecac  and  opium,  commonly  known  as  “Dover’s  Powders”;  and  Provided 
further,  that  the  above  provisions  shall  not  apply  to  sales  at  wholesale  by 
jobbers,  wholesalers,  and  manufacturers  to  retail  druggists  or  qualified  physi¬ 
cians,  or  to  each  other,  nor  to  sales  at  retail  by  retail  druggists  to  regular 
practitioners  of  medicine,  dentistry,  or  veterinary  medicine,  nor  to  sales 
made  to  manufacturers  of  proprietary  or  pharmaceutical  preparations,  for 
use  in  the  manufacture  of  such  preparations,  nor  to  sales  to  hospitals,  col¬ 
leges,  or  scientific  institutions. 

C,  S.  6  673.  Limitations  on  sales  of  certain  drugs.  That  it  shall  be  un¬ 
lawful  for  any  person,  firm,  or  corporation  to  sell,  furnish,  or  dispense  to  any 
regular  practitioner  of  medicine,  dentist,  or  veterinary  medicine  more  than 
one  dram  of  cocaine,  alpha  or  beta  eucaine,  novocaine,  or  any  salt  or  com¬ 
pound  of  any  of  the  foregoing  substances,  or  their  salts  or  compounds,  at  one 
time;  or  more  than  one-half  ounce  of  opium,  morphine,  heroin,  codine,  or 
any  salt  or  compound  of  any  of  the  said  substances,  or  their  salts  or  com¬ 
pounds,  at  one  time. 

C.  S.  6674.  Limitations  on  possession  of  diaigs  by  druggists.  That  it 
shall  be  unlawful  for  any  person,  firm,  or  corporation  doing  a  retail  drug 
business,  to  have  more  than  one  ounce  of  cocaine,  alpha  or  beta  eucaine,  novo¬ 
caine,  or  any  salt  or  compound  of  any  of  the  foregoing  substances  or  their 
salts  or  compounds,  or  more  than  one  and  one-half  ounces  of  opium,  mor¬ 
phine,  heroin,  codine,  or  any  salt  or  compound  of  any  of  them,  or  their  salts 
or  compounds,  in  his  or  its  possession  at  any  one  time. 

C.  S.  6  675.  Limitations  on  possession  of  drugs  by  practitioners.  That 
it  shall  be  unlawful  for  any  practitioner  of  medicine,  dentist,  or  veterinarian, 
to  have  or  keep  in  his  possession  at  any  time  more  than  one  dram  of  cocaine, 
alpha  or  beta  eucaine,  novocaine,  or  any  salt  or  compound  of  any  of  the 
foregoing  substances,  or  their  salts  or  compounds,  or  more  than  one-half 
ounce  of  opium,  morphine,  heroin,  codine,  or  any  salt  or  compound  of  any  of 
them,  or  their  salts  or  compounds,  and  each  practitioner  of  medicine,  den¬ 
tist,  and  veterinarian  shall  keep  a  complete  record  of  all  purchases,  the 
date  and  amount  of  each  purchase,  and  the  name  of  the  person  or  party  from 
whom  each  purchase  was  made,  and  a  complete  record  of  any  disposition  of 
said  drugs,  or  any  of  them,  and  said  record  shall  be  open  at  all  times  to  the 
inspection  of  the  legally  authorized  officers  of  the  law. 

C.  S.  6676.  Evidence  of  illegal  sale.  That  it  shall  be  presumptive  evi¬ 
dence  of  an  illegal  sale  if  the  amount  shown  by  the  amount  on  hand,  plus 
the  amount  legally  dispensed  with,  does  not  tally  with  the  amount  shown  to 
have  been  purchased  by  the  retail  druggist,  practitioner  of  medicine,  dentist, 
or  veterinarian. 

C.  S.  6677.  Prescription  of  certain  drugs  regulated.  That  it  shall  be 
unlawful  for  any  practitioner  of  medicine,  dentist,  or  veterinary  medicine  to 
furnish  to  or  prescribe  for  the  use  of  any  habitual  user  of  the  same  any 
cocaine,  alpha  or  beta  eucaine,  novocaine,  opium,  morphine,  heroin,  codine. 


State  Laws  on  Public  Welfare 


115 


or  any  salt  or  compound  of  any  of  the  foregoing  substances,  or  their  salts  or 
compounds,  and  it  shall  also  be  unlawful  for  any  practitioner  of  dentistry 
to  prescribe  any  of  the  foregoing  substances  for  any  person  not  under  his 
treatment,  in  the  regular  practice  of  his  profession,  or  for  any  practitioner  of 
medicine  to  prescribe  any  of  the  foregoing  substances  for  the  use  of  any 
human  being.  Pi  oviclecl,  however,  that  the  proyisions  of  this  section  shall  not 
be  construed  to  preyent  any  lawfully  authorized  practitioner  of  medicine  from 
furnishing  or  prescribing  in  good  faith  for  the  use  of  any  habitual  user  of 
narcotic  drugs,  who  is  under  his  professional  care,  such  substances  as  he  may 
deem  necessary  for  his  treatment,  when  such  prescriptions  are  not  giyen  or 
substances  furnished  for  the  purpose  of  eyading  the  proyisions  of  this  act. 

C.  S.  6678.  Limitations  on  sale  of  drugs  by  wholesalers.  That  it  shall 
be  unlawful  for  any  jobber,  wholesaler,  or  manufacturer  to  sell  or  furnish  to 
any  retail  druggist  cocaine,  alpha  or  beta  eucaine,  noyocaine,  or  any  salt  or 
compound  of  any  of  the  foregoing  substances,  or  their  salts  or  compounds,  in 
greater  quantity  than  one  ounce,  at  one  time,  or  to  likewise  sell  or  furnish 
opium,  morphine,  heroin,  codine,  or  any  salt  or  compound  of  any  of  them,  or 
their  salts  or  compounds,  in  greater  quantity  than  one  and  one-half  ounces  at 
one  time;  and  it  shall  be  unlawful  for  any  jobber,  wholesaler,  or  manufac¬ 
turer  to  sell  or  furnish  to  any  practitioner  of  medicine,  dentistry,  or  yeteri- 
nary  medicine,  cocaine,  alpha  or  beta  eucaine,  noyocaine,  or  any  salt  or 
compound  of  any  of  the  foregoing  substances,  or  their  salts  or  compounds, 
in  greater  quantity  than  one  dram,  at  one  time,  or  to  likewise  sell  or  furnish 
opium,  morphine,  heroin,  codine,  or  any  salt  or  compound  of  any  of  them,  or 
their  salts  or  compounds,  in  greater  quantity  than  one-half  ounce  at  one  time; 
and  that  eyery  package  sold  or  furnished  by  any  jobber,  wholesaler,  or  manu¬ 
facturer  shall  bear  a  serial  number,  stamped  upon  the  outside  wrapper  or 
cover;  and  that  all  jobbers,  wholesalers,  and  manufacturers  shall  keep  a  com¬ 
plete  record  of  every  sale  made  by  them,  showing  the  name  of  the  buyer,  his 
place  of  business,  the  date  of  the  sale,  the  kind  of  drug  sold,  and  if  a  salt  or 
compound,  the  percentage  of  any  substance  therein  enumerated,  the  amount 
sold,  the  serial  number  of  each  package,  and  the  name  of  the  clerk  or  em¬ 
ployer  by  whom  each  order  was  filled,  and  these  records  shall  be  open  at  all 
times  to  the  inspection  of  the  legally  authorized  officers  of  the  law. 

C.  S.  6679.  Possession  of  certain  clmgs  forbidden.  That  it  shall  be  un¬ 
lawful  for  any  person,  firm,  or  corporation,  other  than  those  enumerated  in 
this  act,  and  also  those  into  whose  hands  possession  may  come,  in  enforcing 
or  attempting  to  enforce  the  provisions  of  this  act,  to  have  in  his  or  their 
possession  any  cocaine,  alpha  or  beta  eucaine,  noyocaine,  opium,  morphine, 
heroin,  codine,  or  any  salt  or  compound  of  the  foregoing  substances,  or  their 
salts  or  compounds. 

C.  S.  6680.  Securing  evidence.  That  upon  affidavit  being  made  that 
there  is  reason  to  believe  that  the  provisions  of  this  act  are  being  \iolated  at 
any  place,  or  by  any  person,  those  officers  or  persons  authorized  to  issue  pro¬ 
cess  in  cases  provided  in  section  three  thousand  seven  hundred  and  twenty- 
one  of  the  Revisal  of  one  thousand  nine  hundred  and  five,  and  the  amend¬ 
ments  thereof,  may  and  are  hereby  authorized  to  issue  to  any  lawful  officer 
of  the  city  or  county  where  such  place  or  person  may  be  a  subpoena  capias  ad 
testificandum,  or  summons  in  writing,  commanding  any  person  who  may  have 
information  concerning  such  violation  of  the  law  to  appear  and  give  evidence 
upon  oath  concerning  the  same. 

C  S.  6681.  Testimony  enforced.  That  no  person  shall  he  excused 
from  testifying  in  any  prosecution  for  violating  this  act;  or  at  any  investiga- 


116 


State  Laws  on  Public  Welfake 


tion  concerning  the  violating  of  any  law  prohibiting  the  sale,  dispensing,  or 
possession  of  any  of  the  substances,  mixtures,  or  compounds  enumerated  in 
this  act,  or  any  other  law  of  the  State  concerning  the  same;  but  no  discovery 
made  by  such  person  shall  be  used  against  him  in  any  penal  or  criminal 
prosecution,  and  he  shall  be  altogether  pardoned  for  the  offense  done  or 
participated  in  by  him. 

C.  S.  6  682.  Seizure  of  cliaigs.  If  any  credible  witness  shall  make  oath 
before  any  person  authorized  to  issue  process  in  cases  provided  in  section 
three  thousand  seven  hundred  and  twenty-one  of  the  Revisal  of  one  thousand 
nine  hundred  and  five,  and  the  amendments  thereof,  that  there  is  a  reason¬ 
able  cause  to  suspect  that  any  provision  of  this  act  is  being  violated,  or  any 
other  act  prohibiting  the  sale,  dispensing,  or  possession  of  the  substances, 
mixtures,  or  compounds  enumerated  herein,  it  shall  be  lawful  and  the  duty 
of  such  officer  or  person  to  grant  a  warrant,  to  be  executed  within  the  limits 
of  Guilford  County,  to  any  lawful  officer  of  said  county,  authorizing  him  to 
search  the  place  where,  or  the  person  by  whom,  it  is  alleged  (in  such  affi¬ 
davit)  this  act  has  been  or  is  being  violated,  and  to  seize  and  preserve  any 
evidence  of  the  violation  of  this  act,  to  be  used  in  the  trial  of  any  person 
arrested  by  reason  of  the  examination,  search,  or  seizure  herein  provided;  all 
cocaine,  alpha  or  beta  eucaine,  novocaine,  opium,  morphine,  heroin,  codine, 
or  any  mixture  of  either,  or  any  salt  or  compound  of  any  of  the  foregoing 
substances,  or  any  preparation  or  compound  containing  any  of  the  foregoing 
substances,  or  their  salts  or  compounds,  seized  under  this  act,  shall  be  held, 
and  upon  acquittal  of  the  petson  so  charged,  shall  be  returned  to  him,  and 
upon  conviction  shall  be  destroyed. 


VAGRANTS  AND  TRAMPS 

C.  S.  4459.  Persons  classed  as  vagrants.  If  any  person  shall  come 
within  any  of  the  following  classes,  he  shall  be  deemed  a  vagrant,  and  shall 
be  fined  not  exceeding  fifty  dollars  or  imprisoned  not  exceeding  thirty  days: 
Provided,  however,  that  this  limitation  of  punishment  shall  not  be  binding 
except  in  cases  of  a  first  offense,  and  in  all  other  cases  such  person  may  be 
fined  or  imprisoned,  or  both,  in  the  discretion  of  the  court: 

1.  Persons  wandering  or  strolling  about  in  idleness  who  are  able  to  work 
and  have  no  property  to  support  them. 

2.  Persons  leading  an  idle,  immoral  or  proflgate  life,  who  have  no  prop¬ 
erty  to  support  them,  and  who  are-  able  to  work  and  do  not  work. 

3.  All  persons  able  to  work  having  no  property  to  support  them  and  who 
have  not  some  visible  and  known  means  of  a  fair,  honest  and  reputable 
livelihood. 

4.  Persons  having  a  fixed  abode  who  have  no  visible  property  to  support 
them  and  who  live  by  stealing  or  by  trading  in,  bartering  for  or  buying 
stolen  property. 

5.  Professional  gamblers  living  in  idleness. 

6.  All  able-bodied  men  having  no  other  visible  means  of  support  who  shall 
live  in  idleness  upon  the  wages  or  earnings  of  their  mother,  wife  or  minor 
children,  except  of  male  children  over  eighteen  years  old. 

7.  Keepers  and  inmates  of  bawdy-houses,  assignation  houses,  lewd  and 
disorderly  houses,  and  other  places  where  illegal  sexual  intercourse  is  habit¬ 
ually  carried  on:  Provided,  that  nothing  here  is  intended  or  shall  be  con¬ 
strued  as  abolishing  the  crime  of  keeping  a  bawdy-house,  or  lessening  the 
punishment  by  law  for  such  crime. 


117 


State  Laws  on  Public  Welfake 


C.  S.  4460.  Police  officers  to  tuinisli  list  of  disorderly  houses:  inuiates 
competent  and  compeUable  to  testify,  it  shall  be  the  duty  of  the  chief  of 
police,  marshal,  constable  or  other  chief  ministerial  officer  of  each  citv  and 
town  in  this  State  to  furnish  every  thirty  days  to  the  police  Justice,  recorder 
mayor,  or  other  trial  officer  of  such  city  or  town  a  list  of  the  bawdy,  assigna¬ 
tion,  lewd  and  disorderly  houses  and  other  places  where  illegal  sexual  inter¬ 
course  is  carried  on,  together  with  the  names  of  the  keepers  and  inmates  of 
such  houses  and  places,  in  such  city  or  town;  and  it  shall  be  the  duty  of 
such  police  justice,  recorder,  mayor  or  other  trial  officer,  upon  the  filing  of 
such  list,  to  issue  his  warrant  for  the  persons  declared  in  subsection  seven 
of  the  preceding  section  to  be  vagrants,  and  to  punish  in  accordance  with 
the  pi  ovisions  of  that  section  such  of  them  as  may  be  found  guilty.  In  all 
trials  under  said  subsection  seven  of  the  preceding  section  any  keeper  or 
inmate  of  any  of  the  houses  or  places  named,  or  his  employees,  shall  be  com¬ 
petent  and  compellable  to  give  evidence  of  the  character  and  nature  of  such 
house  or  place  and  of  the  character  and  acts  of  the  keepers  and  inmates 
thereof;  but  the  person  so  testifying  shall  not  be  prosecuted  or  punished  for 
the  commission  of  any  crime  about  which  he  shall  have  been  required  to 
testify. 


If  any  chief  of  police,  marshal,  constable  or  other  chief  ministerial  officer 
of  any  city  or  town  shall  fail  to  furnish  the  list  of  houses  and  places  pro¬ 
vided  for  in  this  section,  or  shall  suppress  the  name  of  any  person  whom  he 
is  required  herein  to  report,  he  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  or  imprisoned,  or  both,  at  the  discretion  of  the 
court. 


C.  S.  44  61.  Tramp  defined  and  punishment  provided;  certain  persons 
excepted.  If  any  person  shall  go  about  from  place  to  place  begging  or 
subsisting  on  charity,  he  shall  be  denominated  a  tramp,  and  shall  be  pun¬ 
ished  by  a  fine  not  exceeding  fifty  dollars,  or  by  imprisonment  not  exceeding 
thirty  days:  Provided,  that  any  person  who  shall  furnish  satisfactory  evi¬ 
dence  of  good  character  shall  be  discharged  without  cost,  i^ny  act  of  beg¬ 
ging  or  vagrancy  by  any  person,  unless  a  well-known  object  of  charity,  shall 
be  evidence  that  the  person  committing  the  same  is  a  tramp.  This  section 
shall  not  apply  to  any  woman,  to  any  minor  under  the  age  of  fourteen  years, 
or  to  any  blind  person. 

C.  S.  4462.  Trespassing  and  the  carrying  of  dangerous  weapons  by 
tramps.  If  any  person  shall  enter  any  dwelling  house  or  kindle  any  fire 
on  the  land  of  another  without  the  consent  of  the  owner  or  occupant  thereof, 
or  shall  kindle  a  fire  on  any  highway,  or  shall  be  found  carrying  any  firearm 
or  other  dangerous  weapon,  or  shall  threaten  to  do  any  injury  to  the  person, 
or  to  the  real  or  personal  estate,  of  another,  he  shall  be  punished  by  imprison¬ 
ment  at  the  discretion  of  the  court,  not  to  exceed  twelve  months. 

C.  S.  44  63.  Malicious  injuries  by  tramps  to  persons  and  property.  If 
any  tramp  shall  willfully  and  maliciously  do  any  injury  to  the  person,  or  to 
the  real  or  personal  estate,  of  another,  he  shall  be  punished  by  imprisonment, 
at  the  discretion  of  the  court,  not  to  exceed  three  years. 

C.  S.  4464.  Arrest  of  tramps  by  persons  who  are  not  officers.  Any 
person,  upon  a  view  of  any  offense  described  in  the  three  preceding  sections, 
shall  cause  the  offender  to  be  arrested  upon  a  warrant  and  taken  before  some 
justice  of  the  peace,  or  he  may  apprehend  the  offender  and  take  him  before 
a  justice  of  the  pace,  for  examination,  and,  on  his  conviction,  he  shall  le 

entitled  to  the  same  fee  as  a  sheriff. 


118 


State  Laws  on  Public  Welfare 


SEATS  Foil  AV03IEX 

C.  S.  6  5  55.  Seats  tor  women  employes;  failure  to.  ])rovmle  a  misde¬ 
meanor.  All  persons,  firms,  or  corporations  who  employ  females  in  a 
store,  shop,  office,  or  manufacturing  establishment,  as  clerks,  operatives,  or 
helpers  in  any  business,  trade,  or  occupation  carried  on  or  operated  in  the 
State  of  North  Carolina,  shall  be  required  to  procure  and  provide  proper  and 
suitable  seats  for  all  such  females,  and  shall  permit  the  use  of  such  seats, 
rests,  or  stools  as  may  be  necessary,  and  shall  not  make  any  rules,  regulations, 
or  orders  preventing  the  use  of  such  seats,  stools,  or  rests  when  any  such 
female  employee  or  employees  are  not  actively  employed  or  engaged  in  their 
work  in  such  business  or  employment. 

If  any  employer  of  female  help  in  the  State  of  North  Carolina  shall  fail, 
neglect,  or  refuse  to  provide  seats,  as  provided  in  this  article,  on  or  before 
the  first  day  of  June,  one  thousand  nine  hundred  and  nine,  or  shall  make  any 
rules,  orders,  or  regulations  in  his  or  its  shop,  store,  or  other  place  of  busi¬ 
ness  requiring  females  to  remain  standing  when  not  necessarily  employed  or 
engaged  in  services  or  labor  therein,  he  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars,  in  the  discretion  of  the  court. 


SEPARATE  TOILETS  FOR  SEXES  AND  RACES 

C.  S.  6  559.  When  separate  toilets  required.  All  persons  and  corpora¬ 
tions  employing  males  and  females  in  any  manufacturing  industry,  or  other 
business  employing  more  than  two  males  and  females  in  towns  and  cities 
having  a  population  of  one  thousand  persons  or  more,  and  where  such  em¬ 
ployees  are  required  to  do  indoor  work  chiefly,  shall  provide  and  keep  in 
a  cleanly  condition  separate  and  distinct  toilet  rooms  for  such  employees,  said 
toilets  to  be  lettered  and  marked  in  a  distinct  manner,  so  as  to  separate  the 
white  and  colored  males  and  females  of  both  sexes:  Provided,  that  the  provi¬ 
sions  of  this  section  shall  not  apply  to  cases  where  toilet  arrangements  or 
facilities  are  furnished  by  said  employer  off  the  premises  occupied  by  him. 

C.  S.  6560.  Location;  intruding  on  toilets  misdenieanor.  It  shall  be 
the  duty  of  the  persons  or  corporations  mentioned  under  this  article  to  locate 
their  toilets  for  males  and  females,  white  and  colored,  in  separate  parts  of 
their  buildings  or  grounds,  in  buildings  hereafter  erected,  and  in  those  now 
erected  all  closets  shall  be  separated,  by  substantial  walls  of  brick  or  timber, 
and  any  employee  who  shall  willfully  intrude  or  use  any  toilet  not  intended 
for  his  or  her  sex  or  color  shall  be  guilty  of  a  misdemeanor,  and  upon  convic¬ 
tion  shall  be  fined  five  dollars, 

C.  S,  6561.  Failure  to  provide  toilets  a  misdemeanor.  Any  person  or 
corporation  refusing  to  comply  with  the  provisions  of  the  second  preceding 
section  shall  be  guilty  of  a  misdemeanor,  and  upon  conviction  fined  five  dol¬ 
lars  for  the  first  offense  and  five  dollars  for  each  day  they  shall  fail  to  make 
the  provisions  required  under  this  article. 


INDEX 


Abandonment  of  child  by  parent . 

Abandonment  of  family  by  husband . 

Evidence  abandonment  was  willful . 

Husband  failing  to  provide . 

Support  from  husband's  property  or  earnings . 

Abduction  of  child . 

Adoption  of  minors . 

Bond  to  secure  orphans’  property . . 

Child’s  name,  change  of . 

Child’s  status  . . 

Custody  of  child  forfeited . 

Effect  of  adoption . . 

Letters  of . 

Parents’  rights  restored . 

Parties  to  proceeding . 

Petition  . . 

Possession  of  child  unlawfully  secured . 

Record  of  order . , . 

Revocation  . . . 

Adultery  . 

Adults  responsible  for  delinquency  of  child . 

Age  certificates  for  employment  of  children . 

Age  of  consent  . 

Age  of  legal  marriage . . 

Aged  and  infirm.  See  Care  of  the  Poor . . . 

Aiding  and  abetting  in  prostitution . 

Alms-house.  See  Care  of  the  Poor . 

Application  for  pardon  for  prisoner . . 

Appointment  of  guardian . 

Apprenticeship  law  repealed . 

Attornel-General,  rulings  on: 

Cost  in  juvenile  court  cases . 

Definition  of  term  “child”  in  juvenile  court  law . 

Discipline  of  prisoners  by  jailer . 

Election  of  county  superintendents  of  public  welfare.... 
“Joint  session”  of  commissioners  and  board  of  election.. 
Jurisdiction  of  juvenile  court  in  case  of  child  fourteen 

Jurisdiction  of  recorders’  courts  . 

Restitution  by  parent  for  goods  stolen  by  child . 

Whipping  of  a  child  by  order  of  juvenile  court..... . 

Authority  of  parent  vested  in  institution . 

Automobiles,  child  under  sixteen  not  to  drive . 

Bastardy  . 

Action  barred,  time  limit . 

Appeal,  recognition  of  parties  and  witnesses . 

Appeal  to  Superior  Court . . 

Civil  action  . . 

Complaint  by  county  commissioner . 

Continuance  until  birth  of  child . . . 

County  commissioner  to  make  affidavit . 

Father  committed  or  apprenticed . 

Father,  putative,  out  of  county . 

Jurisdiction,  justices  of  peace...... . 

Justices  of  peace  have  jurisdiction . 

Legitimation  by  court  action . 

Legitimation  by  marriage  . 

Legitimation,  effects  of . 

Maintenance,  execution  for . 


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.  23 

....10,  11 

.  46 

.  45 

95 

r05H06 

.  95 

.  81 

.  35 

.  17 

.  28 

.  26 

.  94 

.  29 

.  29 

.  26 

.  27 

.  29 

.  28 

.  44 

.  13 

.  30 

.  32 

.  31 

.  31 

.  33 

.  31 

.  32 

.  31 

.  32 

.  32 

.  30 

.  30 

.  32 

.  33 

.  33 

.  32 


120 


Index 


Bastardy — C  ontinuccl .  page 

Paternity,  issue  of .  31 

Purpose  of  proceedings .  33 

Woman  declaring  father .  31 

Woman’s  examination  .  31 

Bawdy  houses,  police  to  furnish  list . 116 

Bigamy  . 105 

Billiard  room,  permitting  minor  to  enter .  48 

Births  to  be  registered . .  55 

Blind  children  .  16 

See  uncle?'  Comjnilsory  School  Attendance .  13 

Boarding  homes  for  children . 20 

Care  of  the  poor . 95 

Commissioners  to  provide  for  support  of  county  home .  95 

County  home  . 96 

County  superintendent  of  public  welfare  to  have  supervision .  7 

District  hospital-homes  . 98 

Families  of  indigent  militiamen . 96 

Indigent,  property  of . 96 

Indigent  militiamen,  families  of .  96 

Legal  settlement  .  97 

Militiamen,  indigent,  families  of .  96 

Outdoor  relief  .  96 

Paupers  removing  to  county . 97 

Paupers  not  to  be  hired  out  at  auction .  96 

Property  of  indigent . 96 

Records,  how  kept .  96 

Removal  to  county  of  settlement .  97 

Settlement,  legal  . 97 

Superintendent  of  county  home . 95 

Support  of  county  home .  95 

Support  of  poor  .  95 

Caswell  Training  School . 55,  58 

Admission  . . 55 

Age  limit  removed .  55 

Feebleminded  and  mentally  defective  of  any  age  to  be  admitted .  55 

Judge  of  juvenile  court  to  approve  application .  55 

Superintendent  of  public  welfare  to  approve  application .  55 

Chancroid,  See  Venereal  Diseases .  5 

Charities  and  public  welfare,  county  board  of. 

See  under  County  Board  of  Cliai'itics  a7id  Puhlie  Welfare .  3 

Charities  and  public  welfare.  State  board  of. 

See  under  State  Board  of  Charities  aiid  Public  Welfare .  3 

Child,  defined  . 18 

Enticing  from  institution . .  45 

Under  fourteen,  definition  of  tramp  does  not  apply  to . 117 

Under  six  months,  separating  from  mother .  33 

Under  sixteen  not  to  drive  motor  vehicle .  33 

Welfare  commission  .  10 

Rulings  of  .  11 

Child-caring  agencies  and  institutions  to  be  licensed .  3 

See  under  State  Child  Welfai'e  Commission .  10 

Child  Labor  regulations .  10 

Children,  age  certificates  for  employment . 10, 11 

Age  of  consent  . 46 

Age  of  legal  marriage .  45 

Blind  .  16 

Born  in  State  Prison .  82 

County  institutions  for .  58 

Crippled.  See  Orthopwdic  Hospital . . 55,  58 

Custody  of.  See  Adoption  of  Minors,  Guardian  and,  War'd,  Juvenile 
Court. 


Index 


121 


Children — Coritmued. 

1' A(ip^ 

Deaf  . 

Delinquent.  See  County  Suyerintenclent  of  Public  Welfare,  Instiut- 
tions  for  Children,  Juve^iile  Court. 

Dependent.  See  County  Superintendent  of  Public  Welfare.  Institu¬ 
tions  for  Children,  Juvenile  Court,  Mothers'  Aid. 

Feebleminded.  See  Casivell  Training  School. 

Health  of  .  55 

Indigent,  aid  to  attend  school . 15 

Indigent,  control  over  .  44 

Laws  for  protection  of .  40 

Mentally  defective,  examination .  24 

Neglected.  See  County  Superintendent  of  Public  Welfare,  Juvenile 
Court. 

Of  worthy  mothers  aided .  50 

Offenses  against  . 23,  45 

Private  institutions  for . . .  59 

Regulations  for  the  health  of .  55 

State  institutions  for . 48,  58 

Under  fourteen,  employment  of . 10, 11 

Under  sixteen,  employments  prohibited . 10, 13 

Under  sixteen,  hours  of  employment .  10 

Cigarettes,  selling  to  miners .  47 

Class  of  prisoners  sent  to  State  Prison .  77 

Classification  of  prisoners  in  State  Prison .  77 

Clerk  of  the  Superior  Court,  duties  of .  17 

Adoption  of  children .  34 

Appointment  of  guardian .  36 

Insane,  commitment  of . 62 

Juvenile  court,  judge  of .  47 

Mothers'  Aid,  approval  of  application .  57 

Commutation  of  sentence  of  prisoners .  78 

Compulsory  school  attendance .  13 

Blind  children  . - .  16 

Age  limits  . 16 

Census  of  blind  children .  16 

County  superintendent  of  schools  to  report .  16 

Parents  failing  to  send . 16 

Sheriffs  to  enforce  the  law .  16 

Superintendent  of  school  to  have  free  transportation .  16 

Deaf  children  . 

Age  limits  . 

Census  of  deaf  children .  15 

County  superintendent  of  schools  to  report .  15 

General  compulsory  attendance  law .  1^ 

Age  limit  . . 

Attendance  officer  . - . 

Blanks,  State  Superintendent  to  furnish . - . - . .  H 

County  Superintendent  of  Public  Welfare  to  investigate  and 

prosecute  . 

Parent's  duty  .  .  , 

Penalty  for  violation . 

Prosecutions  . 

State  Board  of  Education  to  make  rules . 

Truancy,  State  Board  to  define . 

Indigent  children  . 

Affidavit  .  r 

Aid  to  . : . ; .  44 

Attendance  officer  to  investigate . 

Confederate  pensions  . 400 

Confederate  soldiers  . 404 

Confederate  Soldiers'  Home  . 101  103  104 

Confederate  widows  . 


122 


Index 


PAGE 

Confederate  Woman’s  Home  . 104 

Confederate  women  . 104 

Contagious  diseases  .  56 

Correspondence  of  inmates  of  State  Prison .  80 

Counties  and  cities  may  establish  hospitals  for  insane . : .  72 

County  and  city  welfare  work,  joint .  7 

County  board  of  charities  and  public  welfare .  5 

Appointment  . . .  5 

Duties  .  5 

Meetings  .  5 

Term  of  office .  5 

County  boards  of  education . 6 

County  commissioners: 

County  superintendents  of  public  welfare,  election  of .  6 

Jails,  the  building  and  furnishing  of . 86 

Mothers’  Aid,  approval  for  county . 56,  57 

Poor  relief,  general  supervision .  95 

Prison  discipline,  rules  for .  89 

County  home  for  the  aged  and  infirm .  96 

See  'under  Care  of  Poor . 95 

County  institutions  for  children .  58 

County  orphanages: 

Admission  . : .  54 

Establishment  . ' .  54 

County  prisons  and  prisoners: 

Attorney-General’s  ruling  on  discipline  of  prisoners  by  jailer .  94 

Commissioners  to  build  jail  .  86 

Commissioners  to  heat  jail  . . . . : .  87 

Commissioners  to  purchase  bedding,  etc . 87 

County  authorities  to  make  rules  for  discipline  of  prisoners .  89 

County  or  town  to  hire  out  certain  prisoners .  89 

Custody  of  jail . 87 

Deductions  from  sentence  for  good  behavior .  89 

Discipline  of  prisoners  by  jailer .  94 

Fees  of  jailer . 87 

Good  behavior,  deductions  for .  89 

Houses  of  correction .  90 

Jail,  custody  of . 87 

Jail  to  have  five  compartments . 87 

Jailer  liable  for  injury  to  prisoner .  87 

Jailer  to  cleanse  jail . 88 

Jailer’s  fees  .  87 

Joint  houses  of  correction .  92 

Prison  bounds  .  87 

Prisoner  may  furnish  necessaries . 88 

Prisoners  sentenced  to  work  on  roads .  89 

Races,  segregation  of . 87 

Sheriff  to  have  charge  of  jail .  87 

United  States  prisoners  to  be  kept .  88 

Vagrants,  release  of .  92 

Vagrants  to  be  sent  to  house  of  correction . * .  91 

Where  no  jail .  88 

Women  not  to  work  on  roads .  90 

County  superintendent  of  public  welfare .  6 

Child  welfare  commission  may  use .  12 

Election  .  6 

Attorney-General’s  rulings  on .  7 

Duties  . ; .  7 

See  under  Powers  and  Duties. 

Powers  and  duties .  7 

Applications  for  admission  to  Caswell  Training  School,  to  approve  7 

Child  labor  law,  to  enforce .  12 

Compulsory  school  attendance,  to  enforce . 7, 14 


Index 


123 


County  superintendent  of  public  welfare. 

Powers  and  duties — Continued. 

Dependent  and  delinquent  children,  oversight . 

Distress,  to  investigate . 

Employment,  to  find . ^ . 

Insane,  to  look  after .  . . 

Mothers’  Aid,  investigation . . 

Poor,  care  and  supervision  of . 

Prisoners  on  parole,  or  probation,  to  supervise . 

Recreation,  to  promote  and  supervise . 

State  Board,  to  act  as  agent  of . 

County  workhouse.  See  Houses  of  Correction . 

Deaths  to  be  registered . 

Delinquent  children. 

See  Juvenile  Court.  Institutions  for  Children. 

Delinquent  negro  boys. 

See  State  Training  School  for  Delinquent  Negro  Boys. 
Delinquent  w^hite  boys. 

See  Jackson  Training  School. 

Delinquent  white  girls. 

See  Samarcand  Manor. 

Dental  clinics  . 

Detention  homes  for  children . 

Diseases,  contagious  . 

Diseases,  venereal  . 

See  under  Venereal  Diseases. 

Disorderly  houses,  police  to  furnish  list . 

Drugs  and  narcotics,  sale  regulated . . 

Druggists  to  report  sales  of  medicines  for  venereal  disease.— 

Eastern  Carolina  Industrial  Training  School  for  Boys . 

Age  limit  . . 

Boys  to  be  instructed . 

Commitment  . 

Courts,  what  may  commit . , . 

Governor  may  transfer . 

Industries  to  be  established . 

Inmates  transferred  from  institution  to  prison . 

Instruction  to  be  given . . . 

Period  of  control  of  inmates . 

Prisoners  transferred  to  institution . 

Election  of  county  superintendents  of  public  welfare . 

Attorney-General’s  rulings  on . 

Employment,  county  superintendent  of  public  welfare  to  find 

Employment  of  children  under  fourteen . 

Employment  of  children  under  sixteen,  hours  of . . . 

Employments  prohibited  for  children  under  sixteen . 

Enticing  child  from  institution . 

Penalty  for  . - . 

Epileptics,  treatment  of . 

Estates  without  guardian . 

Eyes  of  new-born  babe  to  be  treated . 

Families  of  indigent  militiamen . 

Farming  out  paupers . 

Farming  out  prisoners . 

Feebleminded.  See  Caswell  Training  School . . . 

Feebleminded  not  admitted  to  hospital  for  insane . 

Fees  of  jailer . 

Fire,  exposure  to  . 

Fire-arms,  selling  to  minor . 

Flogging  child  as  punishment . - . 

Flogging  prisoners  in  State  Prison . . . 

Fornication  and  adultery . . . 


PAGE 

-  7 

-  7 

-  7 

-  7 

-  7 

-  7 

-  7 

-  7 

-  7 

-  90 

-  55 


....  56 
....  20 
....  56 
....110 

....116 
...’.113 
....112 
....  51 
....  51 
....  52 
....  52 
....  52 
....  52 
....  52 
....  52 
....  52 
....  51 
....  52 
....  6 
....  7 

....  7 

10,  11 
10,  11 
10, 13 
....  45 
....  45 
....  60 
....  43 
....  55 
....  96 
....  96 
....  89 
55,  58 
....  61 
....  87 
....  47 
....  47 
....  28 
....  79 
....105 


124 


Index 


PAGE 

Guardian  and  ward .  35 

Application  for  guardianship,  proceedings .  86 

Appointment  by  clerk  of  Superior  Court .  35 

Appointment  by  parents  .  35 

Appointment  when  father  is  living .  36 

Bond  .  37 

Bond  insufficient  .  38 

Bond,  renewal  of .  38 

Clerk  of  Superior  Court  to  appoint  guardian .  35 

Duties  of  guardian . 35 

Estates  without  guardian . 43 

Father  living,  guardian  may  be  appointed .  36 

Foreign  guardians  . 43 

Grand  jury  to  report  orphans  without  guardians .  43 

Guardian,  powers  and  duties .  35 

Guardian  removed  without  successor . 44 

Guardian’s  bond  . 37 

Guardians,  foreign  .  43 

Guardians,  public  . 42 

Judge  of  Superior  Court  to  appoint  receiver .  44 

Letters  of  guardianship . 36 

Mother  natural  guardian . 35 

Natural  guardianship  on  death  of  father . 35 

Orphans  without  guardians,  grand  jury  to  report .  43 

Parents,  appointment  of  guardians  by.... .  35 

Parents  divorced  .  36 

Person  and  estate,  separate  guardians . , .  36 

,  See,  also,  under  Juvenile  Court . . .  24 

Powers  and  duties  of  guardian . 39 

Public  guardian  .  42 

Receiver  for  estate .  44 

Removal  of  guardian .  37 

Resignation  of  guardian .  37 

Revocation  of  letters  of  guardianship .  37 

Sale  of  ward’s  estate . .  40 

Solicitor,  duties  and  fees .  43 

Solicitor  to  prosecute . 44 

Support  of  ward .  36 

Sureties,  relief  of .  38 

Ward’s  estate,  sales  of .  40 

Gonorrhea.  See  Venereal  Diseases . . 110 

Good  behavior  of  prisoners,  deductions  for . 78,  89 

Governor  may  transfer  inmates  of: 

Eastern  Carolina  Industrial  School . 52 

Jackson  Training  School .  50 

Governor,  powers  as  to  pardon,  parole,  etc .  86 

Guardian,  appointment  of. 

See  under  Guardian  and  Ward,  Juvenile  Court. 

Health  of  children,  regulations .  55 

Homes  for  aged  and  infirm . . 95,  98 

Home  for  Confederate  soldiers . 104 

Home  for  Confederate  women . 104 

Hospitals  for  the  insane .  59 

Admission  .  61 

Admission  immediately  . 61 

Admission,  when  doubt .  69 

Affidavit  .  62 

Alien,  proceedings  in  case  of . . .  70 

Attendant  to  convey  patient .  67 

Bond  for  safe-keeping  of  insane .  71 

Citizen  of  another  state .  70 

Clerk  of  Superior  Court  may  discharge .  63 

Clerk  to  keep  record...., .  67 


Index 


125 


Hospitals  for  the  insane — Continued. 

Commitment,  form  of .  03 

Commitment  in  case  of  sudden  attack . ”  . .  03 

Conveying  patient  to  hospital,  cost  of . . ”  03 

Cost  of  conveying  patient  to  hospital . '  7  03 

Counties  and  cities  may  establish  hospitals  for  insane . 72 

Criminal  insane,  hospital  for,  abolished .  74 

Discharge  of  patient . 7q 

Division  of  territory .  00 

Epileptics  . .  0q 

Examination  of  insane .  02 

Feebleminded  not  admitted .  61 

Fees  for  examination .  67 

Form  of  commitment .  63 

Idiots  not  admitted . 61 

Indians  admitted  .  60 

Indigent  patients  given  priority .  61 

Insane  entitled  to  immediate  admission .  61 

Jail,  commitment  of  insane  to .  70 

Justice  of  peace  may  make  examination,  when .  63 

Names  of  hospitals .  59 

Order  of  commitment .  64 

Patient  conveyed  to  hospital .  68 

Patient  exposed  to  contagious  disease . 69 

Patient,  preparation  for  admission .  68 

Private  hospitals  for  the  insane .  72 

Record  kept  by  clerk  of  court .  67 

Residence  of  patient .  62 

Settlement  of  patient  determined .  62 

Sheriff  to  act,  when .  68 

State  Board  of  Charities  and  'Public  Welfare  to  visit .  60 

State  hospital  for  criminal  insane  abolished .  74 

Superintendent,  appointed  . - .  60 

Superintendent  of  hospital  notified . 67 

Superintendent  to  notify  sheriff  of  escape .  61 

Voluntary  commitment  .  69 

Hospital-homes,  for  the  aged  and  infirm .  98 

Hotels,  to  protect . 116 

Hours  of  employment  for  children  under  sixteen .  10 

Houses,  disorderly  . 116 

Houses  of  correction . - . : .  ^9 

Houses  of  correction,  joint . - .  92 

Housing  conditions  .  ^ 

Husband  failing  to  provide  for  family . - . - .  ^1 

Indeterminate  sentence  .  ^1 

Indians  admitted  to  hospitals  for  insane .  60 

Indigent,  property  of .  66 

Indigent  children  . - . - . 

Authority  of  parent  vested  in  institution .  14 

Control  over  . .  _ 

Enticing  child  from  institution .  6 

Penalty  for  . 

Institution,  enticing  child  from . 

Institution  has  authority  of  parent .  ^ 

Rules  and  regulations  of . - . - . 

Person  enticing  child  from  institution . 

Inebriate.  See  uncle?'  Hostntal  fo?’  Insane.  •  ■  ri^ 

Infant.  See  AcloiMon  of  Mi?iors,  Child  Welfare  Commission 

School  Law.  County  Superintendent  of  J  ^ 

Ward.  Institutions  for  Children,  Juvenile  Court,  State  Boaid  of  C 

ties  and  Public  Welfare. 


126 


r  NDEX 


Insane.  iawiiv 

See  under  Hospitals  for  the  Insane .  59 

Insane,  criminal  . 74 

Dangerous  . 74 

State  Board  of  Charities  and  Public  Welfare  to  secure  attention  for....  5 

Institution,  child-caring,  to  be  licensed .  3 

Institution,  enticing  child  from .  45 

Institution  has  authority  of  parent .  44 

Institutions  for  children .  48 

Intoxicants,  use  of  by  prison  employees .  80 

Jail,  built  by  county  commissioners .  86 

Cleansed  daily  . 88 

Custody  of  .  87 

Furnished  and  heated .  87 

Insane  confined  in .  70 

Number  of  apartments .  87 

None  in  county .  88 

Plans  approved  .  4 

Sheriff  to  have  charge  of .  87 

Jailer,  appointment  of . 87 

Fees  .  87 

Liable  for  injury  to  prisoners .  87 

Punishment  of  prisoners  by . 94 

To  cleanse  jail . •. .  88 

Judge  of  juvenile  court .  17 

See  under  County  Oy'phanages,  Juvenile  Cou7't,  Mothers'  Aid. 

Justices  of  the  peace,  jurisdiction  in  bastardy  cases . , .  30 

May  commit  insane . 63 

Juvenile  court  .  17 

Adjudication  under,  not  a  conviction .  18 

Adults  responsible  for  delinquency  of  ‘child .  23 

Age  of  consent,  jurisdiction .  46 

Appeal  from  decision .  23 

Appointment  of  guardians .  24 

See,  also,  Guardian  and  Wa^'d .  35 

Apprenticeship  law  repealed . 17 

Attorney-General’s  rulings  .  26 

Boarding  homes  for  children .  20 

Child  defined  .  18 

See  Att07'ney-GeneraV s  Ruling . 26 

Child  committed,  support .  22 

Child,  disposition  of .  19 

Child  fourteen  years .  20 

See  Attorney-GeneraV s  Ruling . 26 

Child  returned  to  parent .  24 

Children,  boarding  homes  for .  20 

Children  in  need  of  medical  care .  24 

Children  mentally  defective .  24 

City  juvenile  courts .  25 

City  probation  officers .  25 

Clerk  of  Superior  Court,  judge  of .  17 

Construction  of  law. .  18 

Costs  .  18 

Custodial  agency,  selection  of .  23 

Custody  of  child .  19 

Definition  of  terms . . 17 

Detention  homes  .  20 

Disposition  of  child . 19 

Flogging  child  as  punishment .  28 

Guardian,  appointment  of .  24 

See.  also.  Guardian  and  Ward.... .  35 

Hearing  of  case .  19 

Institution,  commitment  to .  20 


Index 


127 


Juvenile  court — ContmuccL 

Jail,  placing  child  in . 

Judgment  of  court  modified . 

Jurisdiction  of  court . 

Method  of  bringing  case  before  court . 

Mentally  defective  children . 

Offenses  against  children . 

Parent  responsible  for  child . 

Parent  to  make  restitution  . 

Parent  to  support  child  committed . 

Parental  neglect  . 

Petition  to  bring  child  into  court . 

Probation,  child  placed  on . 

Probation,  conditions  of  . 

Probation  ofRcers  . 

Probation  ofRcers,  city  . . 

Probation  ofRcers,  duties  and  powers . 

Probation,  revocation  of  . 

Recorder’s  court,  powers . 

Records  . 

Relative,  child  committed  to  custody  of . 

State  Board,  child  committed  to . 

Sessions  of  court . 

Sheriff  to  serve  papers . 

Summons  issued  . . 

Summons,  service  of . . . 

Superior  Court,  a  department  of . 

Witnesses,  expenses  . . 

Kidnapping  . . 

Laws  and  agencies  for  the  protection  of  children . 

Laws  relating  to  morals . 

Legal  settlement  . 

Legitimation  of  bastards . 

Letters  of  adoption . . . 

License,  child-caring  agencies  and  institutions . 

Marriage  . 

Private  hospitals  for  the  insane . 

Maintenance  of  illegitimate  child . 

Marriage,  age  of  legal . 

Examination  for  license . 

Marriages,  prohibited  . 

Maternity  homes  . 

Maternity  homes  to  be  licensed. . 

Meetings  of  county  board  of  public  welfare . 

Mentally  defective,  care  of . 

8ee.  also.  Casio  ell  Training  School . 

Mentally  defective,  examination . 

Miscegenation  . 

Militiamen,  indigent,  families  of . 

Minor,  failure  to  pay  for  work . 

Morals,  laws  relating  to . - . 

Motor  vehicle,  child  under  sixteen  not  to  drive . 

Mother,  separating  child  under  six  months  old  from . 

Mothers’  Aid  . - . 

Allowance  by  counties  authorized . 

Allowance  to  individual,  maximum . 

Applications,  blanks  furnished . 

Approved  by  State  Board . - . . . ; . 

County  board  of  charities  and  public  welfare  to  determine 

needed  . . . . . 

County  commissioners  to  approve  amount  in  each  case . 

County  superintendent  of  public  welfare  to  investigate . 

Determination  of  amount . 


I’AOK 

.  20 

.  24 

.  17 

.  18 

.  24 

.  23 

.  23 

.  29 

.  22 

.  23 

.  18 

. 20 

. .  21 

.  21 

.  25 

.  22 

.  21 

.  27 

.  18 

.  20 

.  20 

.  18 

.  19 

.  18 

.  19 

.  17 

.  18 

.  46 

.  10 

. 104 

.  97 

.  32 

.  34 

.  3 

. 108 

.  72 

.  32 

.  45 

. 108 

....45,  105 

.  59 

.  3 

.  5 

24,  55,  58 

. 55,  58 

.  24 

. 105 

.  96 

.  48 

. . 104 

.  18 

. .  33 

.  56 

.  56 

.  56 


amount 

. .  56 

.  57 

.  57 

. 56,  57 


128 


Index 


Mothers’  Aid — Continued.  page 

Eligibility  for  aid .  57 

Juvenile  court  to  approve .  57 

Maximum  allowance  . - .  56 

Money  not  used .  57 

State  Board  of  Charities  and  Public  Welfare  to  administer .  57 

State’s  contribution,  how  paid .  57 

Negro  boys,  training  school  for . 53 

See  under  State  Training  School  for  Delinquent  Negro  Boys .  53 

Negro  children,  separate  schools .  16 

Negro  blood,  smallest  amount  prohibits  from  attending  white  school .  17 

N.  C.  Children’s  Home  Society,  Inc . 59 

Obscene  pictures  . 108 

Offenses  against  children . 23,  45 

Orphanages  .  54 

Orphanages,  county  . 54 

See  U7ider  County  Orphayiages. 

Orphanages,  State  Board  of  Charities  and  Public  Welfare  to  inspect  and 

license  . , .  3 

Orphans. 

See  Gua^'dian  and  Ward.  Institutions  for  CJiildreii,  Mothers'  Aid.  Or- 
2)ha7iages. 

Orphans,  needy,  to  aid .  56 

Orthopaedic  hospital  . . . 55,  58 

Pardons  . , .  86 

See,  also,  under  State  Prison. 

Pardons,  application  for .  81 

Parent  may  appoint  guardian . 35 

Responsible  for  child . 23 

To  make  restitution . 29 

To  support  child  committed .  22 

Parole,  advisory  board  of .  85 

Parole,  adults  . .  85 

See,  also.  Prostitution,  State  Prison. 

Parole,  children. 


See  U7ider  County  Superintendent  of  Public  Welfare,  Eastei'n  Trainmg 
School  for  Boys,  Jackson  Ty'aining  School,  Samay'cand,  Training 


School  for  Negro  Boys. 

Parole,  Governor’s  powers .  86 

•  Parole  of  prostitute . 107 

Paternity,  issue  of . 31 

Pauper. 

See  under  Care  of  the  Poor .  95 

Pensions,  State  . 100 

Persons  and  organizations  receiving  and  placing  children .  3 

Physical  examination  for  marriage . 108 

Physical  examination  of  children .  56 

Police  officers  to  furnish  list  of  disorderly  houses . 116 

Poor,  care  of .  95 

See  under  Care  of  the  Poor . 95 

Poverty,  State  Board  of  Public  Welfare  to  study .  3 

Prison. 

See  County  Pi’isons  and  Pt'isoners,  Houses  of  Coy'rection,  State  Prison. 

Prison  bounds  . 87 

Prisoners. 

See  County  Prisons  and  Prisoners,  Houses  of  Correctio7i,  State  Prison. 

Confining  in  improper  apartment .  87 

Correspondence  regulated  .  80 

Health  authorities  to  examine .  92 

On  parole  . 7,  86 

Segregation  of  races . 81,  87 

Sent  to  State  Prison .  77 

State  board  to  study  care  and  treatment  of .  3 


Index 


129 


Prisoners — Continued. 


PAGE 


State,  classification  of . . . 

State,  recreation  and  instruction . gQ 

Treated  for  venereal  disease . m 

Tubercular  . 94 

Work  on  roads .  . . *  ’  gg 

Uniform  .  Y9 

Youthful,  segregation  of .  g4 

Private  hospitals  for  the  insane . "  "  . .  72 

Private  institutions  for  children .  59 

Probation. 

See  under  County  Superintendent  of  PuMic  Welfare.  Juvenile  Court. 

Prostitution. 

Probation  officers. 

See  U7ider  Juve^iile  Cou7't. 

Property  of  indigent  persons . 96 

Prostitution,  aiding  and  abetting . 105, 106 

Defined  . ’.106 

Of  young  girl . : .  47 

Punishment,  parole,  probation . 107 

Repression  of  . 109 

Public  amusement,  State  board  to  study .  3 

See,  also,  under  County  Supe7'i7itendent  of  Public  Welfare. 

Record  of  infraction  of  prison  rules . .  77 

Recorder’s  courts,  jurisdiction .  27 

Regulations  for  health  of  children .  55 

Births  to  be  registered . 55 

Contagious  diseases  .  56 

Deaths  to  be  registered . 55 

Dental  clinics  .  56 

Eyes  of  new-born  babe  to  be  treated .  55 

Physical  examination  . 56 

Relative,  child  committed  to  care  of .  20 

Recreation,  county  superintendent  of  public  welfare  to  promote .  7 

Recreation  and  instruction  for  prisoners .  80 

Reformatory  for  youthful  prisoners .  84 

Revocation  of  letters  of  adoption . 34 

Rulings  of  Attorney-General . 26,94 

Rulings  of  Child  Welfare  Commission .  11 

Samarcand  Manor  . . 48,  58 

Admission  .  48 

Admission  on  voluntary  application .  49 

Escape  . - . 

Inmates,  delivery  of,  to .  4J 

Juvenile  law  applied .  ;;; 

Parole  . 


50 


Sanatorium  for  tubercular  prisoners. 


94 


School  for  the  Blind  and  Deaf . 

School  for  the  white  deaf . 

Time  of  detention . - . - .  .q 

Voluntary  application  for  admission . 

Seats  for  women  employes . 

Seduction  . 44g 

Separate  toilets  for  sexes  and  races . . 

Sheriff,  confining  prisoners  in  improper  apartment . 

To  convey  patients  to  hospital  for  insane . - . 

To  have  custody  of  jail . - . ^ . ; . 

To  be  notified  of  escape  from  hospital  for  insane . 

To  have  prisoners  examined . . .  4^ 

To  serve  papers  for  juvenile  court . 4^^ 

Soldiers,  Confederate  home  for .  4qq 

Confederate  pensions  . . 104 

Confederate,  widows  of . 

See  Militiamen. 


130 


Index 


PAGE 


State  Board  of  Charities  and  Public  Welfare 


3 


Duties. 


See  under  Poicers  and  Duties . 

Election  . 

Meetings  . 

Powers  and  duties . 

Biennial  report  to  General  Assembly . 

Bulletins,  to  issue . 

Causes  of  insanity,  to  investigate . 

Charitable  and  penal  institutions,  to  investigate  and  supervise.... 

Child-caring  institutions,  to  license . 

Child-caring  institutions,  to  supervise . . 

Commission  of  public  welfare,  to  elect . 

Crime,  to  study . 

Conventions,  to  attend . 

County  boards  of  charities  and  public  welfare,  to  appoint . 

County  homes,  to  approve  plans  for . 

County  homes,  to  inspect . 

County  superintendents  of  public  welfare,  to  encourage  employ¬ 
ment  of  . 

County  superintendents  of  public  welfare,  to  approve . 

Dependent  and  delinquent  children,  to  promote  welfare  of . 

Dependent,  defective,  and  delinquent  children,  placing  and  super¬ 
vision  of  . , . 

Divorce,  to  study . 

Hospitals  for  insane,  to  visit  and  supervise . 

Housing  conditions,  to  study . ! . 

Insane,  secure  attention  for . 

Investigations,  to  give  publicity  to . 

Jails,  to  approve  plans  for . 

Jails,  to  inspect . 

Maternity  homes,  to  inspect . . . 

Maternity  homes,  to  license . •. . 

Nonemployment,  to  study . 

Officials  to  furnish  information  to . 

Orphanages,  to  inspect  and  supervise . 

Plans  for  jails  and  alms-houses,  to  approve . 

Persons  and  papers,  to  send  for . . 

Poverty,  to  study . . . 

Prisoners,  care  and  treatment  of,  to  study . 

Private  hospitals  for  insane,  to  license . 

Public,  to  inform  on  social  conditions . 

Public  amusements,  to  study . 

Publicity,  to  give  to  investigation . 

Social  evil,  to  study . . 

Vagrancy,  to  study . . . 

Wife  desertion,  to  study . . 

Witnesses,  may  summon . 

Term  of  office  of  members . 

State  Board  of  Health  responsible  for  health  regulations . 

To  make  rules  for  control  of  venereal  diseases . 

State  Home  and  Industrial  School  for  Girls  and  Women . 

See  Samarcand  Manor . 

State  institutions  for  children . 

State  pensions  . 

State  Prison  . 

Agents,  directors  to  employ . 

Children  born  in  State  Prison . 

Class  of  prisoners  sent  to  State  Prison . 

Classification  of  prisoners . 

Commutation  . 

Convict  furnished  transportation . 


3 

3 

3 

3 

4 
4 
4 
3 
3 

3 

4 

3 

4 

5 
4 
4 

4 

6 
3 

3 

3 

3 

3 

5 

4 
4 

4 
3 
3 
3 

5 

3 

4 
4 
3 

3 
72 

4 

3 

4 
3 
3 

3 

4 
3 

56 

111 

48 

48 

58 

100 

76 

76 
82 

77 

77 

78 
82 


Index 


131 


State  Prison — Continued. 

Copy  of  law  to  be  furnished  prisoner . 

Correspondence  of  prisoners . 

Custody  of  prisoners . 

Death  of  convict,  directors  to  investigate . 

Directors,  appointed  by  Governor . 

Not  to  furnish  supplies . 

To  keep  record  of  infraction  of  rules . 

To  make  rules  for  discipline . 

Discharge  . 

Discipline,  directors  to  make  rules  for . 

Overseers  and  guards . 

Farming  out  prisoners . 

Flogging  prisoners  . . 

Indeterminate  sentence  . 

Instruction  of  prisoners . 

Intoxicants  not  to  be  used  by  employees . 

Pardon — application  for  . 

Parole  . 

Advisory  board  of . 

Cases  considered  . 

Conduct  of  prisoners,  record  of.... . 

Governor’s  powers  not  impaired . 

Meetings  of  board . 

Prisoners  on  parole  to  report  to  clerk  of  court . 

Reimprisonment  . 

Report  to  Governor . : . 

Prisoners,  classification  of . . . 

Clothing  to  be  marked . 

Correspondence  regulated  . 

Recaptured,  punishment  . 

Recreation  and  instruction . 

Segregation  of  races . . 

To  be  sent  to  State  Prison  within  five  days . 

Tubercular  . 

Uniform  . . . 

What  sent  to  State  Prison . 

Record  of  infraction  of  rules . 

Recreation  and  instruction  of  prisoners . 

Reformatory  for  youthful  prisoners . 

Religious  services  . 

‘  Sanitary  care  of  prisoners . - . 

Sanitation  for  tubercular  prisoners . 

Segregation  of  races . 

Segregation  of  youthful  prisoners . 

Supplies,  director  not  to  furnish . 

Support  of  State  Prison . 

Tubercular  prisoners  . 

Wages  . 

Whipping  prisoners  . 

Work  on  railroads,  etc . 

State  Training  School  for  Delinquent  Negro  Boys . 

Admission  age  . 

Admissions  distributed  . 

Age  limit  , . - . 

Control  of  institution . . 

Expense  paid  by  county . 

Payment  by  private  persons . 

Term  of  commitment . 

Stonewall  Jackson  Manual  Training  and  Industrial  School 

Age  limit  . ^ . 

Courts  may  commit . 

Discharge  . 


PAGE 

.  82 

.  80 

.  76 

.  82 

.  76 

.  77 

.  77 

.  77 

.  82 

.  77 

.  82 

.  82 

.  79 

.  81 

.  80 

.  80 

.  81 

.  85 

.  85 

.  85 

.  85 

....  86 
....  85 
....  86 
....  86 
....  86 
....  77 
....  79 
....  80 
....  81 
....  80 
....  81 
....  77 
92,94 
....  79 
....  77 
....  77 
....  80 
....  84 
....  80 
....  77 
92,  94 
....  81 
....  84 
....  77 
....  84 
92,  94 
....  78 
....  79 
....  83 
53,  58 
....  53 
....  54 
....  53 
....  53 
....  54 
....  54 
....  54 
....  50 
....  50 
....  50 
....  50 


132 


Index 


Stonewall  Jackson  Manual  Training  and  Industrial  School — Continued,  page 

Governor  may  transfer .  50 

Period  of  control  of  inmates .  50 

Powers  of  superintendent .  50 

Prisoners  transferred  .  50 

Purpose  of  school .  50 

Superintendent,  powers  of .  50 

Superintendent  of  county  home .  95 

See  under  Care  of  the  Poor. 

Superintendent  of  district  hospital-home .  99 

See  under  Care  of  the  Poor. 

Support  of  family  from  husband’s  property  or  earnings .  34 

Support  of  county  home  . - .  95 

See  under  Care  of  the  Poor. 

Support  of  the  poor  .  95 

See  under  Care  of  the  Poor. 

Surgical  operations  on  inmates  of  State  institutions .  93 

Toilets,  separate  for  races  and  sexes . 10, 118 

Tramp  defined  and  punishment  provided . 117 

Tramps  . 116 

See  under  Vagrants  and  Tramps. 

Tramps,  arrest  of . 117 

Injury  to  persons  and  property . 117 

Trespassing  . 117 

Truancy  . 1 .  14 

United  States  prisoners  to  be  kept  in  county  jails .  88 

Vagrancy,  State  Board  of  Charities  and  Public  Welfare  to  study .  3 

Vagrants  and  tramps . 116 

Bawdy  houses,  police  to  furnish  list . 116 

Child  under  fourteen,  definition  of  tramp  does  not  apply  to . 117 

Disorderly  houses,  police  to  furnish  list . . 116 

Police  officers  to  furnish  list  of  disorderly  houses . 116 

Tramp  defined  and  punishment  provided . 117 

Tramp,  arrest  of . 117 

Injury  to  persons  and  property . ! . 117 

Trespassing  . . . , . 117 

Vagrants,  release  of . 92 

Persons  classed  as . 116 

Sent  to  house  of  correction . : .  91 

Women,  definition  of  tramp  does  not  apply  to . 117 

Venereal  disease  . 110 

Examination  . .till 

Definition  of  “venereal  disease” . 110 

Detention  and  quarantine . Ill 

Druggists  to  report  sale  of  remedies . 112 

Investigation  and  examination . Ill 

Prisoners  treated  . Ill 

State  Board  of  Health  to  make  rules . Ill 

Treatment  except  by  physicians  unlawful . 112 

Welfare,  county  board.  See  County  Board  of  Charities  and  Public  Welfare. 
Welfare,  State  board.  See  State  Board  of  Charities  and  Public  Welfare. 

Welfare  work,  joint  county  and  city .  7 

Witnesses  in  juvenile  court,  expenses .  18 

Widows,  aid  for.  See  Mothers'  Aid .  56 

Widows  of  Confederate  soldiers . 101, 103, 104 

Woman  declaring  father  in  bastardy  case .  31 

Woman’s  examination  in  bastardy  case . 31 

Woman’s  Home,  Confederate . 104 

Women,  definition  of  tramp  does  not  apply  to . 117 

Not  to  work  on  roads .  90 

Employees,  seats  for . . 10, 118 

Workhouse,  county.  See  Houses  of  Correction .  89 


Pamphlet 
Binder 
Gaylord  Bros. 
Makers 

Syracuse,  N.  Y, 
PAT.  m  21, 1908 


FOR  USE  ONLY  IN 


THE  NORTH  CAROLINA  COLLECTION 


